Bill Text: IL SB2279 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2279 Detail]

Download: Illinois-2013-SB2279-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2279

Introduced 2/15/2013, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12 (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15 (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20 (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the

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1Illinois Sexually Transmissible Disease Control Act.
2 (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7 (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9 (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14 (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18 (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21 (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25 (l) Records and information provided to a residential
26health care facility resident sexual assault and death review

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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3 (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
6Article.
7 (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
13sentencing.
14 (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17 (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23 (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25 (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.

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1 (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3 (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16 (u) Records and information provided to an independent team
17of experts under Brian's Law.
18 (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards under the
20Firearm Owners Identification Card Act before the effective
21date of this amendatory Act of the 98th General Assembly.
22 (w) Personally identifiable information which is exempted
23from disclosure under subsection (g) of Section 19.1 of the
24Toll Highway Act.
25 (x) Information which is exempted from disclosure under
26Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

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1Illinois Municipal Code.
2(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
396-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
48-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
5eff. 1-1-13.)
6 Section 10. The Department of State Police Law of the Civil
7Administrative Code of Illinois is amended by changing Section
82605-45 as follows:
9 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
10 Sec. 2605-45. Division of Administration. The Division of
11Administration shall exercise the following functions:
12 (1) Exercise the rights, powers, and duties vested in
13 the Department by the Governor's Office of Management and
14 Budget Act.
15 (2) Pursue research and the publication of studies
16 pertaining to local law enforcement activities.
17 (3) Exercise the rights, powers, and duties vested in
18 the Department by the Personnel Code.
19 (4) Operate an electronic data processing and computer
20 center for the storage and retrieval of data pertaining to
21 criminal activity.
22 (5) Exercise the rights, powers, and duties vested in
23 the former Division of State Troopers by Section 17 of the
24 State Police Act.

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1 (6) Exercise the rights, powers, and duties vested in
2 the Department by "An Act relating to internal auditing in
3 State government", approved August 11, 1967 (repealed; now
4 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
5 (6.5) (Blank). Exercise the rights, powers, and duties
6 vested in the Department by the Firearm Owners
7 Identification Card Act.
8 (7) Exercise other duties that may be assigned by the
9 Director to fulfill the responsibilities and achieve the
10 purposes of the Department.
11(Source: P.A. 94-793, eff. 5-19-06.)
12 (20 ILCS 2605/2605-120 rep.)
13 Section 15. The Department of State Police Law of the Civil
14Administrative Code of Illinois is amended by repealing Section
152605-120.
16 Section 16. The Criminal Identification Act is amended by
17changing Section 2.2 as follows:
18 (20 ILCS 2630/2.2)
19 Sec. 2.2. Notification to the Department. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, pursuant
23to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

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1to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
2circuit court clerk shall include notification and a copy of
3the written determination in a report of the conviction to the
4Department of State Police Firearm Owner's Identification Card
5Office to enable the Department office to perform its duties
6under Sections 4 and 8 of the Firearm Owners Identification
7Card Act and to report that determination to the Federal Bureau
8of Investigation to assist the Federal Bureau of Investigation
9in identifying persons prohibited from purchasing and
10possessing a firearm pursuant to the provisions of 18 U.S.C.
11922. The written determination described in this Section shall
12be included in the defendant's record of arrest and conviction
13in the manner and form prescribed by the Department of State
14Police.
15(Source: P.A. 97-1131, eff. 1-1-13; revised 10-10-12.)
16 Section 20. The Peace Officer Firearm Training Act is
17amended by changing Section 1 as follows:
18 (50 ILCS 710/1) (from Ch. 85, par. 515)
19 Sec. 1. Definitions. As used in this Act:
20 (a) "Peace officer" means (i) any person who by virtue of
21his office or public employment is vested by law with a primary
22duty to maintain public order or to make arrests for offenses,
23whether that duty extends to all offenses or is limited to
24specific offenses, and who is employed in such capacity by any

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1county or municipality or (ii) any retired law enforcement
2officers qualified under federal law to carry a concealed
3weapon.
4 (b) "Firearms" means any weapon or device defined as a
5firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
6"An Act relating to the acquisition, possession and transfer of
7firearms and firearm ammunition, to provide a penalty for the
8violation thereof and to make an appropriation in connection
9therewith", approved August 3, 1967, as amended.
10(Source: P.A. 94-103, eff. 7-1-05.)
11 Section 25. The School Code is amended by changing Sections
1210-22.6, 10-27.1A and 34-8.05 as follows:
13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
14 Sec. 10-22.6. Suspension or expulsion of pupils; school
15searches.
16 (a) To expel pupils guilty of gross disobedience or
17misconduct, including gross disobedience or misconduct
18perpetuated by electronic means, and no action shall lie
19against them for such expulsion. Expulsion shall take place
20only after the parents have been requested to appear at a
21meeting of the board, or with a hearing officer appointed by
22it, to discuss their child's behavior. Such request shall be
23made by registered or certified mail and shall state the time,
24place and purpose of the meeting. The board, or a hearing

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1officer appointed by it, at such meeting shall state the
2reasons for dismissal and the date on which the expulsion is to
3become effective. If a hearing officer is appointed by the
4board he shall report to the board a written summary of the
5evidence heard at the meeting and the board may take such
6action thereon as it finds appropriate. An expelled pupil may
7be immediately transferred to an alternative program in the
8manner provided in Article 13A or 13B of this Code. A pupil
9must not be denied transfer because of the expulsion, except in
10cases in which such transfer is deemed to cause a threat to the
11safety of students or staff in the alternative program.
12 (b) To suspend or by policy to authorize the superintendent
13of the district or the principal, assistant principal, or dean
14of students of any school to suspend pupils guilty of gross
15disobedience or misconduct, or to suspend pupils guilty of
16gross disobedience or misconduct on the school bus from riding
17the school bus, and no action shall lie against them for such
18suspension. The board may by policy authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of such acts for a period not to exceed 10 school days.
22If a pupil is suspended due to gross disobedience or misconduct
23on a school bus, the board may suspend the pupil in excess of
2410 school days for safety reasons. Any suspension shall be
25reported immediately to the parents or guardian of such pupil
26along with a full statement of the reasons for such suspension

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1and a notice of their right to a review. The school board must
2be given a summary of the notice, including the reason for the
3suspension and the suspension length. Upon request of the
4parents or guardian the school board or a hearing officer
5appointed by it shall review such action of the superintendent
6or principal, assistant principal, or dean of students. At such
7review the parents or guardian of the pupil may appear and
8discuss the suspension with the board or its hearing officer.
9If a hearing officer is appointed by the board he shall report
10to the board a written summary of the evidence heard at the
11meeting. After its hearing or upon receipt of the written
12report of its hearing officer, the board may take such action
13as it finds appropriate. A pupil who is suspended in excess of
1420 school days may be immediately transferred to an alternative
15program in the manner provided in Article 13A or 13B of this
16Code. A pupil must not be denied transfer because of the
17suspension, except in cases in which such transfer is deemed to
18cause a threat to the safety of students or staff in the
19alternative program.
20 (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24 (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a case by
26case basis. A student who is determined to have brought one of

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1the following objects to school, any school-sponsored activity
2or event, or any activity or event that bears a reasonable
3relationship to school shall be expelled for a period of not
4less than one year:
5 (1) A firearm. For the purposes of this Section,
6 "firearm" means any gun, rifle, shotgun, weapon as defined
7 by Section 921 of Title 18 of the United States Code,
8 firearm as defined in Section 1.1 of the Firearm Owners
9 Identification Card Act, or firearm as defined in Section
10 24-1 of the Criminal Code of 2012 1961. The expulsion
11 period under this subdivision (1) may be modified by the
12 superintendent, and the superintendent's determination may
13 be modified by the board on a case-by-case basis.
14 (2) A knife, brass knuckles or other knuckle weapon
15 regardless of its composition, a billy club, or any other
16 object if used or attempted to be used to cause bodily
17 harm, including "look alikes" of any firearm as defined in
18 subdivision (1) of this subsection (d). The expulsion
19 requirement under this subdivision (2) may be modified by
20 the superintendent, and the superintendent's determination
21 may be modified by the board on a case-by-case basis.
22Expulsion or suspension shall be construed in a manner
23consistent with the Federal Individuals with Disabilities
24Education Act. A student who is subject to suspension or
25expulsion as provided in this Section may be eligible for a
26transfer to an alternative school program in accordance with

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1Article 13A of the School Code. The provisions of this
2subsection (d) apply in all school districts, including special
3charter districts and districts organized under Article 34.
4 (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case by case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within the
16school grounds at the time the threat was made, and (iii) the
17threat could be reasonably interpreted as threatening to the
18safety and security of the threatened individual because of his
19or her duties or employment status or status as a student
20inside the school. The provisions of this subsection (d-5)
21apply in all school districts, including special charter
22districts and districts organized under Article 34 of this
23Code.
24 (e) To maintain order and security in the schools, school
25authorities may inspect and search places and areas such as
26lockers, desks, parking lots, and other school property and

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1equipment owned or controlled by the school, as well as
2personal effects left in those places and areas by students,
3without notice to or the consent of the student, and without a
4search warrant. As a matter of public policy, the General
5Assembly finds that students have no reasonable expectation of
6privacy in these places and areas or in their personal effects
7left in these places and areas. School authorities may request
8the assistance of law enforcement officials for the purpose of
9conducting inspections and searches of lockers, desks, parking
10lots, and other school property and equipment owned or
11controlled by the school for illegal drugs, weapons, or other
12illegal or dangerous substances or materials, including
13searches conducted through the use of specially trained dogs.
14If a search conducted in accordance with this Section produces
15evidence that the student has violated or is violating either
16the law, local ordinance, or the school's policies or rules,
17such evidence may be seized by school authorities, and
18disciplinary action may be taken. School authorities may also
19turn over such evidence to law enforcement authorities. The
20provisions of this subsection (e) apply in all school
21districts, including special charter districts and districts
22organized under Article 34.
23 (f) Suspension or expulsion may include suspension or
24expulsion from school and all school activities and a
25prohibition from being present on school grounds.
26 (g) A school district may adopt a policy providing that if

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1a student is suspended or expelled for any reason from any
2public or private school in this or any other state, the
3student must complete the entire term of the suspension or
4expulsion in an alternative school program under Article 13A of
5this Code or an alternative learning opportunities program
6under Article 13B of this Code before being admitted into the
7school district if there is no threat to the safety of students
8or staff in the alternative program. This subsection (g)
9applies to all school districts, including special charter
10districts and districts organized under Article 34 of this
11Code.
12(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1397-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
147-13-12.)
15 (105 ILCS 5/10-27.1A)
16 Sec. 10-27.1A. Firearms in schools.
17 (a) All school officials, including teachers, guidance
18counselors, and support staff, shall immediately notify the
19office of the principal in the event that they observe any
20person in possession of a firearm on school grounds; provided
21that taking such immediate action to notify the office of the
22principal would not immediately endanger the health, safety, or
23welfare of students who are under the direct supervision of the
24school official or the school official. If the health, safety,
25or welfare of students under the direct supervision of the

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1school official or of the school official is immediately
2endangered, the school official shall notify the office of the
3principal as soon as the students under his or her supervision
4and he or she are no longer under immediate danger. A report is
5not required by this Section when the school official knows
6that the person in possession of the firearm is a law
7enforcement official engaged in the conduct of his or her
8official duties. Any school official acting in good faith who
9makes such a report under this Section shall have immunity from
10any civil or criminal liability that might otherwise be
11incurred as a result of making the report. The identity of the
12school official making such report shall not be disclosed
13except as expressly and specifically authorized by law.
14Knowingly and willfully failing to comply with this Section is
15a petty offense. A second or subsequent offense is a Class C
16misdemeanor.
17 (b) Upon receiving a report from any school official
18pursuant to this Section, or from any other person, the
19principal or his or her designee shall immediately notify a
20local law enforcement agency. If the person found to be in
21possession of a firearm on school grounds is a student, the
22principal or his or her designee shall also immediately notify
23that student's parent or guardian. Any principal or his or her
24designee acting in good faith who makes such reports under this
25Section shall have immunity from any civil or criminal
26liability that might otherwise be incurred or imposed as a

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1result of making the reports. Knowingly and willfully failing
2to comply with this Section is a petty offense. A second or
3subsequent offense is a Class C misdemeanor. If the person
4found to be in possession of the firearm on school grounds is a
5minor, the law enforcement agency shall detain that minor until
6such time as the agency makes a determination pursuant to
7clause (a) of subsection (1) of Section 5-401 of the Juvenile
8Court Act of 1987, as to whether the agency reasonably believes
9that the minor is delinquent. If the law enforcement agency
10determines that probable cause exists to believe that the minor
11committed a violation of item (4) of subsection (a) of Section
1224-1 of the Criminal Code of 1961 or the Criminal Code of 2012
13while on school grounds, the agency shall detain the minor for
14processing pursuant to Section 5-407 of the Juvenile Court Act
15of 1987.
16 (c) On or after January 1, 1997, upon receipt of any
17written, electronic, or verbal report from any school personnel
18regarding a verified incident involving a firearm in a school
19or on school owned or leased property, including any conveyance
20owned, leased, or used by the school for the transport of
21students or school personnel, the superintendent or his or her
22designee shall report all such firearm-related incidents
23occurring in a school or on school property to the local law
24enforcement authorities immediately and to the Department of
25State Police in a form, manner, and frequency as prescribed by
26the Department of State Police.

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1 The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. The State Board of Education shall compile this
5information by school district and make it available to the
6public.
7 (d) As used in this Section, the term "firearm" shall have
8the meaning ascribed to it in Section 2-7.5 of the Criminal
9Code of 2012 1.1 of the Firearm Owners Identification Card Act.
10 As used in this Section, the term "school" means any public
11or private elementary or secondary school.
12 As used in this Section, the term "school grounds" includes
13the real property comprising any school, any conveyance owned,
14leased, or contracted by a school to transport students to or
15from school or a school-related activity, or any public way
16within 1,000 feet of the real property comprising any school.
17(Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
18 (105 ILCS 5/34-8.05)
19 Sec. 34-8.05. Reporting firearms in schools. On or after
20January 1, 1997, upon receipt of any written, electronic, or
21verbal report from any school personnel regarding a verified
22incident involving a firearm in a school or on school owned or
23leased property, including any conveyance owned, leased, or
24used by the school for the transport of students or school
25personnel, the general superintendent or his or her designee

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1shall report all such firearm-related incidents occurring in a
2school or on school property to the local law enforcement
3authorities no later than 24 hours after the occurrence of the
4incident and to the Department of State Police in a form,
5manner, and frequency as prescribed by the Department of State
6Police.
7 The State Board of Education shall receive an annual
8statistical compilation and related data associated with
9incidents involving firearms in schools from the Department of
10State Police. As used in this Section, the term "firearm" shall
11have the meaning ascribed to it in Section 2-7.5 of the
12Criminal Code of 2012 1.1 of the Firearm Owners Identification
13Card Act.
14(Source: P.A. 89-498, eff. 6-27-96.)
15 Section 30. The Private Detective, Private Alarm, Private
16Security, and Locksmith Act of 2004 is amended by changing
17Section 35-35 as follows:
18 (225 ILCS 447/35-35)
19 (Section scheduled to be repealed on January 1, 2014)
20 Sec. 35-35. Requirement of a firearm control card.
21 (a) No person shall perform duties that include the use,
22carrying, or possession of a firearm in the performance of
23those duties without complying with the provisions of this
24Section and having been issued a valid firearm control card by

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1the Department.
2 (b) No employer shall employ any person to perform the
3duties for which employee registration is required and allow
4that person to carry a firearm unless that person has complied
5with all the firearm training requirements of this Section and
6has been issued a firearm control card. This Act permits only
7the following to carry firearms while actually engaged in the
8performance of their duties or while commuting directly to or
9from their places of employment: persons licensed as private
10detectives and their registered employees; persons licensed as
11private security contractors and their registered employees;
12persons licensed as private alarm contractors and their
13registered employees; and employees of a registered armed
14proprietary security force.
15 (c) Possession of a valid firearm control card allows an
16employee to carry a firearm not otherwise prohibited by law
17while the employee is engaged in the performance of his or her
18duties or while the employee is commuting directly to or from
19the employee's place or places of employment, provided that
20this is accomplished within one hour from departure from home
21or place of employment.
22 (d) The Department shall issue a firearm control card to a
23person who has passed an approved firearm training course, who
24is currently employed by an agency licensed by this Act, and
25has met all the requirements of this Act, and who possesses a
26valid firearm owner identification card. Application for the

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1firearm control card shall be made by the employer to the
2Department on forms provided by the Department. The Department
3shall forward the card to the employer who shall be responsible
4for its issuance to the employee. The firearm control card
5shall be issued by the Department and shall identify the person
6holding it and the name of the course where the employee
7received firearm instruction and shall specify the type of
8weapon or weapons the person is authorized by the Department to
9carry and for which the person has been trained.
10 (e) Expiration and requirements for renewal of firearm
11control cards shall be determined by rule.
12 (f) The Department may, in addition to any other
13disciplinary action permitted by this Act, refuse to issue,
14suspend, or revoke a firearm control card if the applicant or
15holder has been convicted of any felony or crime involving the
16illegal use, carrying, or possession of a deadly weapon or for
17a violation of this Act or rules promulgated under this Act.
18The Department shall refuse to issue or shall revoke a firearm
19control card if the applicant or holder fails to possess a
20valid firearm owners identification card. The Director shall
21summarily suspend a firearm control card if the Director finds
22that its continued use would constitute an imminent danger to
23the public. A hearing shall be held before the Board within 30
24days if the Director summarily suspends a firearm control card.
25 (g) Notwithstanding any other provision of this Act to the
26contrary, all requirements relating to firearms control cards

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1do not apply to a peace officer.
2 (h) The Department may issue a temporary firearm control
3card pending issuance of a new firearm control card upon an
4agency's acquiring of an established armed account. An agency
5that has acquired armed employees as a result of acquiring an
6established armed account may, on forms supplied by the
7Department, request the issuance of a temporary firearm control
8card for each acquired employee who held a valid firearm
9control card under his or her employment with the newly
10acquired established armed account immediately preceding the
11acquiring of the account and who continues to meet all of the
12qualifications for issuance of a firearm control card set forth
13in this Act and any rules adopted under this Act. The
14Department shall, by rule, set the fee for issuance of a
15temporary firearm control card.
16 (i) The Department may not issue a firearm control card to
17employees of a licensed fingerprint vendor agency.
18(Source: P.A. 95-613, eff. 9-11-07.)
19 Section 31. The Mental Health and Developmental
20Disabilities Code is amended by changing Section 6-103.1 as
21follows:
22 (405 ILCS 5/6-103.1)
23 Sec. 6-103.1. Adjudication as a mental defective. When a
24person has been adjudicated as a mental defective as defined in

SB2279- 22 -LRB098 03802 RLC 33818 b
1Section 1.1 of the Firearm Owners Identification Card Act, the
2court shall direct the circuit court clerk to immediately
3notify the Department of State Police, Firearm Owner's
4Identification (FOID) Office, in a form and manner prescribed
5by the Department of State Police, and shall forward a copy of
6the court order to the Department. For purposes of this
7Section, "has been adjudicated as a mental defective" means the
8person is the subject of a determination by a court, board,
9commission or other lawful authority that a person, as a result
10of marked subnormal intelligence, or mental illness, mental
11impairment, incompetency, condition, or disease:
12 (1) is a danger to himself, herself, or to others;
13 (2) lacks the mental capacity to manage his or her own
14 affairs;
15 (3) is not guilty in a criminal case by reason of
16 insanity, mental disease or defect;
17 (4) is incompetent to stand trial in a criminal case;
18 (5) is not guilty by reason of lack of mental
19 responsibility under Articles 50a and 72b of the Uniform
20 Code of Military Justice, 10 U.S.C. 850a, 876b.
21
22(Source: P.A. 97-1131, eff. 1-1-13.)
23 Section 35. The Lead Poisoning Prevention Act is amended by
24changing Section 2 as follows:

SB2279- 23 -LRB098 03802 RLC 33818 b
1 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
2 Sec. 2. Definitions. As used in this Act:
3 "Abatement" means the removal or encapsulation of all
4leadbearing substances in a residential building or dwelling
5unit.
6 "Child care facility" means any structure used by a child
7care provider licensed by the Department of Children and Family
8Services or public school structure frequented by children
9through 6 years of age.
10 "Delegate agency" means a unit of local government or
11health department approved by the Department to carry out the
12provisions of this Act.
13 "Department" means the Department of Public Health of the
14State of Illinois.
15 "Dwelling" means any structure all or part of which is
16designed or used for human habitation.
17 "High risk area" means an area in the State determined by
18the Department to be high risk for lead exposure for children
19through 6 years of age. The Department shall consider, but not
20be limited to, the following factors to determine a high risk
21area: age and condition (using Department of Housing and Urban
22Development definitions of "slum" and "blighted") of housing,
23proximity to highway traffic or heavy local traffic or both,
24percentage of housing determined as rental or vacant, proximity
25to industry using lead, established incidence of elevated blood
26lead levels in children, percentage of population living below

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1200% of federal poverty guidelines, and number of children
2residing in the area who are 6 years of age or younger.
3 "Exposed surface" means any interior or exterior surface of
4a dwelling or residential building.
5 "Lead abatement contractor" means any person or entity
6licensed by the Department to perform lead abatement and
7mitigation.
8 "Lead abatement worker" means any person employed by a lead
9abatement contractor and licensed by the Department to perform
10lead abatement and mitigation.
11 "Lead bearing substance" means any item containing or
12coated with lead such that the lead content is more than
13six-hundredths of one percent (0.06%) lead by total weight; or
14any dust on surfaces or in furniture or other nonpermanent
15elements of the dwelling; or any paint or other surface coating
16material containing more than five-tenths of one percent (0.5%)
17lead by total weight (calculated as lead metal) in the total
18non-volatile content of liquid paint; or lead bearing
19substances containing greater than one milligram per square
20centimeter or any lower standard for lead content in
21residential paint as may be established by federal law or
22regulation; or more than 1 milligram per square centimeter in
23the dried film of paint or previously applied substance; or
24item or dust on item containing lead in excess of the amount
25specified in the rules and regulations authorized by this Act
26or a lower standard for lead content as may be established by

SB2279- 25 -LRB098 03802 RLC 33818 b
1federal law or regulation. "Lead bearing substance" does not
2include firearm ammunition or components as defined by the
3Criminal Code of 2012 Firearm Owners Identification Card Act.
4 "Lead hazard" means a lead bearing substance that poses an
5immediate health hazard to humans.
6 "Lead poisoning" means the condition of having blood lead
7levels in excess of those considered safe under State and
8federal rules and regulations.
9 "Low risk area" means an area in the State determined by
10the Department to be low risk for lead exposure for children
11through 6 years of age. The Department shall consider the
12factors named in "high risk area" to determine low risk areas.
13 "Mitigation" means the remediation, in a manner described
14in Section 9, of a lead hazard so that the lead bearing
15substance does not pose an immediate health hazard to humans.
16 "Owner" means any person, who alone, jointly, or severally
17with others:
18 (a) Has legal title to any dwelling or residential
19 building, with or without accompanying actual possession
20 of the dwelling or residential building, or
21 (b) Has charge, care or control of the dwelling or
22 residential building as owner or agent of the owner, or as
23 executor, administrator, trustee, or guardian of the
24 estate of the owner.
25 "Person" means any one or more natural persons, legal
26entities, governmental bodies, or any combination.

SB2279- 26 -LRB098 03802 RLC 33818 b
1 "Residential building" means any room, group of rooms, or
2other interior areas of a structure designed or used for human
3habitation; common areas accessible by inhabitants; and the
4surrounding property or structures.
5 "Risk assessment" means a questionnaire to be developed by
6the Department for use by physicians and other health care
7providers to determine risk factors for children through 6
8years of age residing in areas designated as low risk for lead
9exposure.
10(Source: P.A. 94-879, eff. 6-20-06.)
11 (430 ILCS 65/Act rep.)
12 Section 40. The Firearm Owners Identification Card Act is
13repealed.
14 Section 45. The Wildlife Code is amended by changing
15Section 3.2 as follows:
16 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
17 Sec. 3.2. Hunting license; application; instruction.
18Before the Department or any county, city, village, township,
19incorporated town clerk or his duly designated agent or any
20other person authorized or designated by the Department to
21issue hunting licenses shall issue a hunting license to any
22person, the person shall file his application with the
23Department or other party authorized to issue licenses on a

SB2279- 27 -LRB098 03802 RLC 33818 b
1form provided by the Department and further give definite proof
2of identity and place of legal residence. Each clerk
3designating agents to issue licenses and stamps shall furnish
4the Department, within 10 days following the appointment, the
5names and mailing addresses of the agents. Each clerk or his
6duly designated agent shall be authorized to sell licenses and
7stamps only within the territorial area for which he was
8elected or appointed. No duly designated agent is authorized to
9furnish licenses or stamps for issuance by any other business
10establishment. Each application shall be executed and sworn to
11and shall set forth the name and description of the applicant
12and place of residence.
13 No hunting license shall be issued to any person born on or
14after January 1, 1980 unless he presents the person authorized
15to issue the license evidence that he has held a hunting
16license issued by the State of Illinois or another state in a
17prior year, or a certificate of competency as provided in this
18Section. Persons under 16 years of age may be issued a Lifetime
19Hunting or Sportsmen's Combination License as provided under
20Section 20-45 of the Fish and Aquatic Life Code but shall not
21be entitled to hunt unless they have a certificate of
22competency as provided in this Section and they shall have the
23certificate in their possession while hunting.
24 The Department of Natural Resources shall authorize
25personnel of the Department or certified volunteer instructors
26to conduct courses, of not less than 10 hours in length, in

SB2279- 28 -LRB098 03802 RLC 33818 b
1firearms and hunter safety, which may include training in bow
2and arrow safety, at regularly specified intervals throughout
3the State. Persons successfully completing the course shall
4receive a certificate of competency. The Department of Natural
5Resources may further cooperate with any reputable association
6or organization in establishing courses if the organization has
7as one of its objectives the promotion of safety in the
8handling of firearms or bow and arrow.
9 The Department of Natural Resources shall designate any
10person found by it to be competent to give instruction in the
11handling of firearms, hunter safety, and bow and arrow. The
12persons so appointed shall give the course of instruction and
13upon the successful completion shall issue to the person
14instructed a certificate of competency in the safe handling of
15firearms, hunter safety, and bow and arrow. No charge shall be
16made for any course of instruction except for materials or
17ammunition consumed. The Department of Natural Resources shall
18furnish information on the requirements of hunter safety
19education programs to be distributed free of charge to
20applicants for hunting licenses by the persons appointed and
21authorized to issue licenses. Funds for the conducting of
22firearms and hunter safety courses shall be taken from the fee
23charged for hunting licenses the Firearm Owners Identification
24Card.
25 The fee for a hunting license to hunt all species for a
26resident of Illinois is $12. For residents age 65 or older,

SB2279- 29 -LRB098 03802 RLC 33818 b
1and, commencing with the 2012 license year, resident veterans
2of the United States Armed Forces after returning from service
3abroad or mobilization by the President of the United States,
4the fee is one-half of the fee charged for a hunting license to
5hunt all species for a resident of Illinois. Veterans must
6provide to the Department, at one of the Department's 5
7regional offices, verification of their service. The
8Department shall establish what constitutes suitable
9verification of service for the purpose of issuing resident
10veterans hunting licenses at a reduced fee. Nonresidents shall
11be charged $57 for a hunting license.
12 Nonresidents may be issued a nonresident hunting license
13for a period not to exceed 10 consecutive days' hunting in the
14State and shall be charged a fee of $35.
15 A special nonresident hunting license authorizing a
16nonresident to take game birds by hunting on a game breeding
17and hunting preserve area only, established under Section 3.27,
18shall be issued upon proper application being made and payment
19of a fee equal to that for a resident hunting license. The
20expiration date of this license shall be on the same date each
21year that game breeding and hunting preserve area licenses
22expire.
23 Each applicant for a State Migratory Waterfowl Stamp,
24regardless of his residence or other condition, shall pay a fee
25of $15 and shall receive a stamp. Except as provided under
26Section 20-45 of the Fish and Aquatic Life Code, the stamp

SB2279- 30 -LRB098 03802 RLC 33818 b
1shall be signed by the person or affixed to his license or
2permit in a space designated by the Department for that
3purpose.
4 Each applicant for a State Habitat Stamp, regardless of his
5residence or other condition, shall pay a fee of $5 and shall
6receive a stamp. Except as provided under Section 20-45 of the
7Fish and Aquatic Life Code, the stamp shall be signed by the
8person or affixed to his license or permit in a space
9designated by the Department for that purpose.
10 Nothing in this Section shall be construed as to require
11the purchase of more than one State Habitat Stamp by any person
12in any one license year.
13 The Department shall furnish the holders of hunting
14licenses and stamps with an insignia as evidence of possession
15of license, or license and stamp, as the Department may
16consider advisable. The insignia shall be exhibited and used as
17the Department may order.
18 All other hunting licenses and all State stamps shall
19expire upon March 31 of each year.
20 Every person holding any license, permit, or stamp issued
21under the provisions of this Act shall have it in his
22possession for immediate presentation for inspection to the
23officers and authorized employees of the Department, any
24sheriff, deputy sheriff, or any other peace officer making a
25demand for it. This provision shall not apply to Department
26owned or managed sites where it is required that all hunters

SB2279- 31 -LRB098 03802 RLC 33818 b
1deposit their license or , permit, or Firearm Owner's
2Identification Card at the check station upon entering the
3hunting areas.
4(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
5 Section 46. The Clerks of Courts Act is amended by changing
6Section 27.3a as follows:
7 (705 ILCS 105/27.3a)
8 Sec. 27.3a. Fees for automated record keeping, probation
9and court services operations, and State and Conservation
10Police operations.
11 1. The expense of establishing and maintaining automated
12record keeping systems in the offices of the clerks of the
13circuit court shall be borne by the county. To defray such
14expense in any county having established such an automated
15system or which elects to establish such a system, the county
16board may require the clerk of the circuit court in their
17county to charge and collect a court automation fee of not less
18than $1 nor more than $15 to be charged and collected by the
19clerk of the court. Such fee shall be paid at the time of
20filing the first pleading, paper or other appearance filed by
21each party in all civil cases or by the defendant in any
22felony, traffic, misdemeanor, municipal ordinance, or
23conservation case upon a judgment of guilty or grant of
24supervision, provided that the record keeping system which

SB2279- 32 -LRB098 03802 RLC 33818 b
1processes the case category for which the fee is charged is
2automated or has been approved for automation by the county
3board, and provided further that no additional fee shall be
4required if more than one party is presented in a single
5pleading, paper or other appearance. Such fee shall be
6collected in the manner in which all other fees or costs are
7collected.
8 1.1. Starting on July 6, 2012 (the effective date of Public
9Act 97-761) this amendatory Act of the 97th General Assembly
10and pursuant to an administrative order from the chief judge of
11the circuit or the presiding judge of the county authorizing
12such collection, a clerk of the circuit court in any county
13that imposes a fee pursuant to subsection 1 of this Section
14shall also charge and collect an additional $10 operations fee
15for probation and court services department operations.
16 This additional fee shall be paid by the defendant in any
17felony, traffic, misdemeanor, local ordinance, or conservation
18case upon a judgment of guilty or grant of supervision, except
19such $10 operations fee shall not be charged and collected in
20cases governed by Supreme Court Rule 529 in which the bail
21amount is $120 or less.
22 1.2. With respect to the fee imposed and collected under
23subsection 1.1 of this Section, each clerk shall transfer all
24fees monthly to the county treasurer for deposit into the
25probation and court services fund created under Section 15.1 of
26the Probation and Probation Officers Act, and such monies shall

SB2279- 33 -LRB098 03802 RLC 33818 b
1be disbursed from the fund only at the direction of the chief
2judge of the circuit or another judge designated by the Chief
3Circuit Judge in accordance with the policies and guidelines
4approved by the Supreme Court.
5 1.5. Starting on the effective date of this amendatory Act
6of the 96th General Assembly, a clerk of the circuit court in
7any county that imposes a fee pursuant to subsection 1 of this
8Section, shall charge and collect an additional fee in an
9amount equal to the amount of the fee imposed pursuant to
10subsection 1 of this Section. This additional fee shall be paid
11by the defendant in any felony, traffic, misdemeanor, or local
12ordinance case upon a judgment of guilty or grant of
13supervision. This fee shall not be paid by the defendant for
14any conservation violation listed in subsection 1.6 of this
15Section.
16 1.6. Starting on July 1, 2012 (the effective date of Public
17Act 97-46), a clerk of the circuit court in any county that
18imposes a fee pursuant to subsection 1 of this Section shall
19charge and collect an additional fee in an amount equal to the
20amount of the fee imposed pursuant to subsection 1 of this
21Section. This additional fee shall be paid by the defendant
22upon a judgment of guilty or grant of supervision for a
23conservation violation under the State Parks Act, the
24Recreational Trails of Illinois Act, the Illinois Explosives
25Act, the Timber Buyers Licensing Act, the Forest Products
26Transportation Act, the Firearm Owners Identification Card

SB2279- 34 -LRB098 03802 RLC 33818 b
1Act, the Environmental Protection Act, the Fish and Aquatic
2Life Code, the Wildlife Code, the Cave Protection Act, the
3Illinois Exotic Weed Act, the Illinois Forestry Development
4Act, the Ginseng Harvesting Act, the Illinois Lake Management
5Program Act, the Illinois Natural Areas Preservation Act, the
6Illinois Open Land Trust Act, the Open Space Lands Acquisition
7and Development Act, the Illinois Prescribed Burning Act, the
8State Forest Act, the Water Use Act of 1983, the Illinois
9Veteran, Youth, and Young Adult Conservation Jobs Act, the
10Snowmobile Registration and Safety Act, the Boat Registration
11and Safety Act, the Illinois Dangerous Animals Act, the Hunter
12and Fishermen Interference Prohibition Act, the Wrongful Tree
13Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1411-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
15the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
16Criminal Code of 2012 1961.
17 2. With respect to the fee imposed under subsection 1 of
18this Section, each clerk shall commence such charges and
19collections upon receipt of written notice from the chairman of
20the county board together with a certified copy of the board's
21resolution, which the clerk shall file of record in his office.
22 3. With respect to the fee imposed under subsection 1 of
23this Section, such fees shall be in addition to all other fees
24and charges of such clerks, and assessable as costs, and may be
25waived only if the judge specifically provides for the waiver
26of the court automation fee. The fees shall be remitted monthly

SB2279- 35 -LRB098 03802 RLC 33818 b
1by such clerk to the county treasurer, to be retained by him in
2a special fund designated as the court automation fund. The
3fund shall be audited by the county auditor, and the board
4shall make expenditure from the fund in payment of any cost
5related to the automation of court records, including hardware,
6software, research and development costs and personnel related
7thereto, provided that the expenditure is approved by the clerk
8of the court and by the chief judge of the circuit court or his
9designate.
10 4. With respect to the fee imposed under subsection 1 of
11this Section, such fees shall not be charged in any matter
12coming to any such clerk on change of venue, nor in any
13proceeding to review the decision of any administrative
14officer, agency or body.
15 5. With respect to the additional fee imposed under
16subsection 1.5 of this Section, the fee shall be remitted by
17the circuit clerk to the State Treasurer within one month after
18receipt for deposit into the State Police Operations Assistance
19Fund.
20 6. With respect to the additional fees imposed under
21subsection 1.5 of this Section, the Director of State Police
22may direct the use of these fees for homeland security purposes
23by transferring these fees on a quarterly basis from the State
24Police Operations Assistance Fund into the Illinois Law
25Enforcement Alarm Systems (ILEAS) Fund for homeland security
26initiatives programs. The transferred fees shall be allocated,

SB2279- 36 -LRB098 03802 RLC 33818 b
1subject to the approval of the ILEAS Executive Board, as
2follows: (i) 66.6% shall be used for homeland security
3initiatives and (ii) 33.3% shall be used for airborne
4operations. The ILEAS Executive Board shall annually supply the
5Director of State Police with a report of the use of these
6fees.
7 7. With respect to the additional fee imposed under
8subsection 1.6 of this Section, the fee shall be remitted by
9the circuit clerk to the State Treasurer within one month after
10receipt for deposit into the Conservation Police Operations
11Assistance Fund.
12(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1397-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12;
1497-813, eff. 7-13-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
15 Section 50. The Criminal Code of 2012 is amended by
16changing Sections 2-7.1, 2-7.5, 12-3.05, 12-4.2, 12-4.2-5,
1717-30, 24-1.1, 24-1.6, 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and
1824-9 and adding Section 24-4.5 as follows:
19 (720 ILCS 5/2-7.1)
20 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
21"Firearm "Firearm" and "firearm ammunition" means any
22self-contained cartridge or shotgun shell, by whatever name
23known, which is designed to be used or adaptable to use in a
24firearm; excluding, however:

SB2279- 37 -LRB098 03802 RLC 33818 b
1 (1) any ammunition exclusively designed for use with a
2device used exclusively for signalling or safety and required
3or recommended by the United States Coast Guard or the
4Interstate Commerce Commission; and
5 (2) any ammunition designed exclusively for use with a stud
6or rivet driver or other similar industrial ammunition have the
7meanings ascribed to them in Section 1.1 of the Firearm Owners
8Identification Card Act.
9(Source: P.A. 91-544, eff. 1-1-00.)
10 (720 ILCS 5/2-7.5)
11 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
12specific Section, "firearm" means any device, by whatever name
13known, which is designed to expel a projectile or projectiles
14by the action of an explosion, expansion of gas or escape of
15gas; excluding, however:
16 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
17gun which either expels a single globular projectile not
18exceeding .18 inch in diameter and which has a maximum muzzle
19velocity of less than 700 feet per second or breakable paint
20balls containing washable marking colors;
21 (2) any device used exclusively for signalling or safety
22and required or recommended by the United States Coast Guard or
23the Interstate Commerce Commission;
24 (3) any device used exclusively for the firing of stud
25cartridges, explosive rivets, or similar industrial

SB2279- 38 -LRB098 03802 RLC 33818 b
1ammunition; and
2 (4) an antique firearm (other than a machine-gun) which,
3although designed as a weapon, the Department of State Police
4finds by reason of the date of its manufacture, value, design,
5and other characteristics is primarily a collector's item and
6is not likely to be used as a weapon has the meaning ascribed
7to it in Section 1.1 of the Firearm Owners Identification Card
8Act.
9(Source: P.A. 95-331, eff. 8-21-07.)
10 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
11 Sec. 12-3.05. Aggravated battery.
12 (a) Offense based on injury. A person commits aggravated
13battery when, in committing a battery, other than by the
14discharge of a firearm, he or she knowingly does any of the
15following:
16 (1) Causes great bodily harm or permanent disability or
17 disfigurement.
18 (2) Causes severe and permanent disability, great
19 bodily harm, or disfigurement by means of a caustic or
20 flammable substance, a poisonous gas, a deadly biological
21 or chemical contaminant or agent, a radioactive substance,
22 or a bomb or explosive compound.
23 (3) Causes great bodily harm or permanent disability or
24 disfigurement to an individual whom the person knows to be
25 a peace officer, community policing volunteer, fireman,

SB2279- 39 -LRB098 03802 RLC 33818 b
1 private security officer, correctional institution
2 employee, or Department of Human Services employee
3 supervising or controlling sexually dangerous persons or
4 sexually violent persons:
5 (i) performing his or her official duties;
6 (ii) battered to prevent performance of his or her
7 official duties; or
8 (iii) battered in retaliation for performing his
9 or her official duties.
10 (4) Causes great bodily harm or permanent disability or
11 disfigurement to an individual 60 years of age or older.
12 (5) Strangles another individual.
13 (b) Offense based on injury to a child or intellectually
14disabled person. A person who is at least 18 years of age
15commits aggravated battery when, in committing a battery, he or
16she knowingly and without legal justification by any means:
17 (1) causes great bodily harm or permanent disability or
18 disfigurement to any child under the age of 13 years, or to
19 any severely or profoundly intellectually disabled person;
20 or
21 (2) causes bodily harm or disability or disfigurement
22 to any child under the age of 13 years or to any severely
23 or profoundly intellectually disabled person.
24 (c) Offense based on location of conduct. A person commits
25aggravated battery when, in committing a battery, other than by
26the discharge of a firearm, he or she is or the person battered

SB2279- 40 -LRB098 03802 RLC 33818 b
1is on or about a public way, public property, a public place of
2accommodation or amusement, a sports venue, or a domestic
3violence shelter.
4 (d) Offense based on status of victim. A person commits
5aggravated battery when, in committing a battery, other than by
6discharge of a firearm, he or she knows the individual battered
7to be any of the following:
8 (1) A person 60 years of age or older.
9 (2) A person who is pregnant or physically handicapped.
10 (3) A teacher or school employee upon school grounds or
11 grounds adjacent to a school or in any part of a building
12 used for school purposes.
13 (4) A peace officer, community policing volunteer,
14 fireman, private security officer, correctional
15 institution employee, or Department of Human Services
16 employee supervising or controlling sexually dangerous
17 persons or sexually violent persons:
18 (i) performing his or her official duties;
19 (ii) battered to prevent performance of his or her
20 official duties; or
21 (iii) battered in retaliation for performing his
22 or her official duties.
23 (5) A judge, emergency management worker, emergency
24 medical technician, or utility worker:
25 (i) performing his or her official duties;
26 (ii) battered to prevent performance of his or her

SB2279- 41 -LRB098 03802 RLC 33818 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (6) An officer or employee of the State of Illinois, a
5 unit of local government, or a school district, while
6 performing his or her official duties.
7 (7) A transit employee performing his or her official
8 duties, or a transit passenger.
9 (8) A taxi driver on duty.
10 (9) A merchant who detains the person for an alleged
11 commission of retail theft under Section 16-26 of this Code
12 and the person without legal justification by any means
13 causes bodily harm to the merchant.
14 (10) A person authorized to serve process under Section
15 2-202 of the Code of Civil Procedure or a special process
16 server appointed by the circuit court while that individual
17 is in the performance of his or her duties as a process
18 server.
19 (e) Offense based on use of a firearm. A person commits
20aggravated battery when, in committing a battery, he or she
21knowingly does any of the following:
22 (1) Discharges a firearm, other than a machine gun or a
23 firearm equipped with a silencer, and causes any injury to
24 another person.
25 (2) Discharges a firearm, other than a machine gun or a
26 firearm equipped with a silencer, and causes any injury to

SB2279- 42 -LRB098 03802 RLC 33818 b
1 a person he or she knows to be a peace officer, community
2 policing volunteer, person summoned by a police officer,
3 fireman, private security officer, correctional
4 institution employee, or emergency management worker:
5 (i) performing his or her official duties;
6 (ii) battered to prevent performance of his or her
7 official duties; or
8 (iii) battered in retaliation for performing his
9 or her official duties.
10 (3) Discharges a firearm, other than a machine gun or a
11 firearm equipped with a silencer, and causes any injury to
12 a person he or she knows to be an emergency medical
13 technician employed by a municipality or other
14 governmental unit:
15 (i) performing his or her official duties;
16 (ii) battered to prevent performance of his or her
17 official duties; or
18 (iii) battered in retaliation for performing his
19 or her official duties.
20 (4) Discharges a firearm and causes any injury to a
21 person he or she knows to be a teacher, a student in a
22 school, or a school employee, and the teacher, student, or
23 employee is upon school grounds or grounds adjacent to a
24 school or in any part of a building used for school
25 purposes.
26 (5) Discharges a machine gun or a firearm equipped with

SB2279- 43 -LRB098 03802 RLC 33818 b
1 a silencer, and causes any injury to another person.
2 (6) Discharges a machine gun or a firearm equipped with
3 a silencer, and causes any injury to a person he or she
4 knows to be a peace officer, community policing volunteer,
5 person summoned by a police officer, fireman, private
6 security officer, correctional institution employee or
7 emergency management worker:
8 (i) performing his or her official duties;
9 (ii) battered to prevent performance of his or her
10 official duties; or
11 (iii) battered in retaliation for performing his
12 or her official duties.
13 (7) Discharges a machine gun or a firearm equipped with
14 a silencer, and causes any injury to a person he or she
15 knows to be an emergency medical technician employed by a
16 municipality or other governmental unit:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (8) Discharges a machine gun or a firearm equipped with
23 a silencer, and causes any injury to a person he or she
24 knows to be a teacher, or a student in a school, or a
25 school employee, and the teacher, student, or employee is
26 upon school grounds or grounds adjacent to a school or in

SB2279- 44 -LRB098 03802 RLC 33818 b
1 any part of a building used for school purposes.
2 (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he or
4she does any of the following:
5 (1) Uses a deadly weapon other than by discharge of a
6 firearm, or uses an air rifle as defined in Section
7 24.8-0.1 of this Code the Air Rifle Act.
8 (2) Wears a hood, robe, or mask to conceal his or her
9 identity.
10 (3) Knowingly and without lawful justification shines
11 or flashes a laser gunsight or other laser device attached
12 to a firearm, or used in concert with a firearm, so that
13 the laser beam strikes upon or against the person of
14 another.
15 (g) Offense based on certain conduct. A person commits
16aggravated battery when, other than by discharge of a firearm,
17he or she does any of the following:
18 (1) Violates Section 401 of the Illinois Controlled
19 Substances Act by unlawfully delivering a controlled
20 substance to another and any user experiences great bodily
21 harm or permanent disability as a result of the injection,
22 inhalation, or ingestion of any amount of the controlled
23 substance.
24 (2) Knowingly administers to an individual or causes
25 him or her to take, without his or her consent or by threat
26 or deception, and for other than medical purposes, any

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1 intoxicating, poisonous, stupefying, narcotic, anesthetic,
2 or controlled substance, or gives to another person any
3 food containing any substance or object intended to cause
4 physical injury if eaten.
5 (3) Knowingly causes or attempts to cause a
6 correctional institution employee or Department of Human
7 Services employee to come into contact with blood, seminal
8 fluid, urine, or feces by throwing, tossing, or expelling
9 the fluid or material, and the person is an inmate of a
10 penal institution or is a sexually dangerous person or
11 sexually violent person in the custody of the Department of
12 Human Services.
13 (h) Sentence. Unless otherwise provided, aggravated
14battery is a Class 3 felony.
15 Aggravated battery as defined in subdivision (a)(4),
16(d)(4), or (g)(3) is a Class 2 felony.
17 Aggravated battery as defined in subdivision (a)(3) or
18(g)(1) is a Class 1 felony.
19 Aggravated battery as defined in subdivision (a)(1) is a
20Class 1 felony when the aggravated battery was intentional and
21involved the infliction of torture, as defined in paragraph
22(14) of subsection (b) of Section 9-1 of this Code, as the
23infliction of or subjection to extreme physical pain, motivated
24by an intent to increase or prolong the pain, suffering, or
25agony of the victim.
26 Aggravated battery under subdivision (a)(5) is a Class 1

SB2279- 46 -LRB098 03802 RLC 33818 b
1felony if:
2 (A) the person used or attempted to use a dangerous
3 instrument while committing the offense; or
4 (B) the person caused great bodily harm or permanent
5 disability or disfigurement to the other person while
6 committing the offense; or
7 (C) the person has been previously convicted of a
8 violation of subdivision (a)(5) under the laws of this
9 State or laws similar to subdivision (a)(5) of any other
10 state.
11 Aggravated battery as defined in subdivision (e)(1) is a
12Class X felony.
13 Aggravated battery as defined in subdivision (a)(2) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 6 years and a maximum of 45
16years.
17 Aggravated battery as defined in subdivision (e)(5) is a
18Class X felony for which a person shall be sentenced to a term
19of imprisonment of a minimum of 12 years and a maximum of 45
20years.
21 Aggravated battery as defined in subdivision (e)(2),
22(e)(3), or (e)(4) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 15 years
24and a maximum of 60 years.
25 Aggravated battery as defined in subdivision (e)(6),
26(e)(7), or (e)(8) is a Class X felony for which a person shall

SB2279- 47 -LRB098 03802 RLC 33818 b
1be sentenced to a term of imprisonment of a minimum of 20 years
2and a maximum of 60 years.
3 Aggravated battery as defined in subdivision (b)(1) is a
4Class X felony, except that:
5 (1) if the person committed the offense while armed
6 with a firearm, 15 years shall be added to the term of
7 imprisonment imposed by the court;
8 (2) if, during the commission of the offense, the
9 person personally discharged a firearm, 20 years shall be
10 added to the term of imprisonment imposed by the court;
11 (3) if, during the commission of the offense, the
12 person personally discharged a firearm that proximately
13 caused great bodily harm, permanent disability, permanent
14 disfigurement, or death to another person, 25 years or up
15 to a term of natural life shall be added to the term of
16 imprisonment imposed by the court.
17 (i) Definitions. For the purposes of this Section:
18 "Building or other structure used to provide shelter" has
19the meaning ascribed to "shelter" in Section 1 of the Domestic
20Violence Shelters Act.
21 "Domestic violence" has the meaning ascribed to it in
22Section 103 of the Illinois Domestic Violence Act of 1986.
23 "Domestic violence shelter" means any building or other
24structure used to provide shelter or other services to victims
25or to the dependent children of victims of domestic violence
26pursuant to the Illinois Domestic Violence Act of 1986 or the

SB2279- 48 -LRB098 03802 RLC 33818 b
1Domestic Violence Shelters Act, or any place within 500 feet of
2such a building or other structure in the case of a person who
3is going to or from such a building or other structure.
4 "Firearm" has the meaning provided under Section 2-7.5 of
5this Code 1.1 of the Firearm Owners Identification Card Act,
6and does not include an air rifle as defined by Section
724.8-0.1 of this Code 1 of the Air Rifle Act.
8 "Machine gun" has the meaning ascribed to it in Section
924-1 of this Code.
10 "Merchant" has the meaning ascribed to it in Section 16-0.1
11of this Code.
12 "Strangle" means intentionally impeding the normal
13breathing or circulation of the blood of an individual by
14applying pressure on the throat or neck of that individual or
15by blocking the nose or mouth of that individual.
16(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1796-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
181-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
19and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)
20 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
21 Sec. 17-30. Defaced, altered, or removed manufacturer or
22owner identification number.
23 (a) Unlawful sale of household appliances. A person commits
24unlawful sale of household appliances when he or she knowingly,
25with the intent to defraud or deceive another, keeps for sale,

SB2279- 49 -LRB098 03802 RLC 33818 b
1within any commercial context, any household appliance with a
2missing, defaced, obliterated, or otherwise altered
3manufacturer's identification number.
4 (b) Construction equipment identification defacement. A
5person commits construction equipment identification
6defacement when he or she knowingly changes, alters, removes,
7mutilates, or obliterates a permanently affixed serial number,
8product identification number, part number, component
9identification number, owner-applied identification, or other
10mark of identification attached to or stamped, inscribed,
11molded, or etched into a machine or other equipment, whether
12stationary or mobile or self-propelled, or a part of such
13machine or equipment, used in the construction, maintenance, or
14demolition of buildings, structures, bridges, tunnels, sewers,
15utility pipes or lines, ditches or open cuts, roads, highways,
16dams, airports, or waterways or in material handling for such
17projects.
18 The trier of fact may infer that the defendant has
19knowingly changed, altered, removed, or obliterated the serial
20number, product identification number, part number, component
21identification number, owner-applied identification number, or
22other mark of identification, if the defendant was in
23possession of any machine or other equipment or a part of such
24machine or equipment used in the construction, maintenance, or
25demolition of buildings, structures, bridges, tunnels, sewers,
26utility pipes or lines, ditches or open cuts, roads, highways,

SB2279- 50 -LRB098 03802 RLC 33818 b
1dams, airports, or waterways or in material handling for such
2projects upon which any such serial number, product
3identification number, part number, component identification
4number, owner-applied identification number, or other mark of
5identification has been changed, altered, removed, or
6obliterated.
7 (c) Defacement of manufacturer's serial number or
8identification mark. A person commits defacement of a
9manufacturer's serial number or identification mark when he or
10she knowingly removes, alters, defaces, covers, or destroys the
11manufacturer's serial number or any other manufacturer's
12number or distinguishing identification mark upon any machine
13or other article of merchandise, other than a motor vehicle as
14defined in Section 1-146 of the Illinois Vehicle Code or a
15firearm as defined in Section 2-7.5 of this Code the Firearm
16Owners Identification Card Act, with the intent of concealing
17or destroying the identity of such machine or other article of
18merchandise.
19 (d) Sentence.
20 (1) A violation of subsection (a) of this Section is a
21 Class 4 felony if the value of the appliance or appliances
22 exceeds $1,000 and a Class B misdemeanor if the value of
23 the appliance or appliances is $1,000 or less.
24 (2) A violation of subsection (b) of this Section is a
25 Class A misdemeanor.
26 (3) A violation of subsection (c) of this Section is a

SB2279- 51 -LRB098 03802 RLC 33818 b
1 Class B misdemeanor.
2 (e) No liability shall be imposed upon any person for the
3unintentional failure to comply with subsection (a).
4 (f) Definitions. In this Section:
5 "Commercial context" means a continuing business
6enterprise conducted for profit by any person whose primary
7business is the wholesale or retail marketing of household
8appliances, or a significant portion of whose business or
9inventory consists of household appliances kept or sold on a
10wholesale or retail basis.
11 "Household appliance" means any gas or electric device or
12machine marketed for use as home entertainment or for
13facilitating or expediting household tasks or chores. The term
14shall include but not necessarily be limited to refrigerators,
15freezers, ranges, radios, television sets, vacuum cleaners,
16toasters, dishwashers, and other similar household items.
17 "Manufacturer's identification number" means any serial
18number or other similar numerical or alphabetical designation
19imprinted upon or attached to or placed, stamped, or otherwise
20imprinted upon or attached to a household appliance or item by
21the manufacturer for purposes of identifying a particular
22appliance or item individually or by lot number.
23(Source: P.A. 96-1551, eff. 7-1-11.)
24 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
25 Sec. 24-1.1. Unlawful Use or Possession of Weapons by

SB2279- 52 -LRB098 03802 RLC 33818 b
1Felons or Persons in the Custody of the Department of
2Corrections Facilities.
3 (a) It is unlawful for a person to knowingly possess on or
4about his person or on his land or in his own abode or fixed
5place of business any weapon prohibited under Section 24-1 of
6this Act or any firearm or any firearm ammunition if the person
7has been convicted of a felony under the laws of this State or
8any other jurisdiction. This Section shall not apply if the
9person has been granted relief by the United States Attorney
10General under Section 925 of the federal Gun Control Act of
111968 (Title 18 U.S.C. Section 925), as amended Director of the
12Department of State Police under Section 10 of the Firearm
13Owners Identification Card Act.
14 (b) It is unlawful for any person confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, to possess any weapon prohibited under Section
1724-1 of this Code or any firearm or firearm ammunition,
18regardless of the intent with which he possesses it.
19 (c) It shall be an affirmative defense to a violation of
20subsection (b), that such possession was specifically
21authorized by rule, regulation, or directive of the Illinois
22Department of Corrections or order issued pursuant thereto.
23 (d) The defense of necessity is not available to a person
24who is charged with a violation of subsection (b) of this
25Section.
26 (e) Sentence. Violation of this Section by a person not

SB2279- 53 -LRB098 03802 RLC 33818 b
1confined in a penal institution shall be a Class 3 felony for
2which the person shall be sentenced to no less than 2 years and
3no more than 10 years and any second or subsequent violation
4shall be a Class 2 felony for which the person shall be
5sentenced to a term of imprisonment of not less than 3 years
6and not more than 14 years. Violation of this Section by a
7person not confined in a penal institution who has been
8convicted of a forcible felony, a felony violation of Article
924 of this Code or of the Firearm Owners Identification Card
10Act, stalking or aggravated stalking, or a Class 2 or greater
11felony under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act is a Class 2 felony for which the
14person shall be sentenced to not less than 3 years and not more
15than 14 years. Violation of this Section by a person who is on
16parole or mandatory supervised release is a Class 2 felony for
17which the person shall be sentenced to not less than 3 years
18and not more than 14 years. Violation of this Section by a
19person not confined in a penal institution is a Class X felony
20when the firearm possessed is a machine gun. Any person who
21violates this Section while confined in a penal institution,
22which is a facility of the Illinois Department of Corrections,
23is guilty of a Class 1 felony, if he possesses any weapon
24prohibited under Section 24-1 of this Code regardless of the
25intent with which he possesses it, a Class X felony if he
26possesses any firearm, firearm ammunition or explosive, and a

SB2279- 54 -LRB098 03802 RLC 33818 b
1Class X felony for which the offender shall be sentenced to not
2less than 12 years and not more than 50 years when the firearm
3possessed is a machine gun. A violation of this Section while
4wearing or in possession of body armor as defined in Section
533F-1 is a Class X felony punishable by a term of imprisonment
6of not less than 10 years and not more than 40 years. The
7possession of each firearm or firearm ammunition in violation
8of this Section constitutes a single and separate violation.
9(Source: P.A. 97-237, eff. 1-1-12.)
10 (720 ILCS 5/24-1.6)
11 Sec. 24-1.6. Aggravated unlawful use of a weapon.
12 (a) A person commits the offense of aggravated unlawful use
13of a weapon when he or she knowingly:
14 (1) Carries on or about his or her person or in any
15 vehicle or concealed on or about his or her person except
16 when on his or her land or in his or her abode, legal
17 dwelling, or fixed place of business, or on the land or in
18 the legal dwelling of another person as an invitee with
19 that person's permission, any pistol, revolver, stun gun or
20 taser or other firearm; or
21 (2) Carries or possesses on or about his or her person,
22 upon any public street, alley, or other public lands within
23 the corporate limits of a city, village or incorporated
24 town, except when an invitee thereon or therein, for the
25 purpose of the display of such weapon or the lawful

SB2279- 55 -LRB098 03802 RLC 33818 b
1 commerce in weapons, or except when on his or her own land
2 or in his or her own abode, legal dwelling, or fixed place
3 of business, or on the land or in the legal dwelling of
4 another person as an invitee with that person's permission,
5 any pistol, revolver, stun gun or taser or other firearm;
6 and
7 (3) One of the following factors is present:
8 (A) the firearm possessed was uncased, loaded and
9 immediately accessible at the time of the offense; or
10 (B) the firearm possessed was uncased, unloaded
11 and the ammunition for the weapon was immediately
12 accessible at the time of the offense; or
13 (C) (blank) the person possessing the firearm has
14 not been issued a currently valid Firearm Owner's
15 Identification Card; or
16 (D) the person possessing the weapon was
17 previously adjudicated a delinquent minor under the
18 Juvenile Court Act of 1987 for an act that if committed
19 by an adult would be a felony; or
20 (E) the person possessing the weapon was engaged in
21 a misdemeanor violation of the Cannabis Control Act, in
22 a misdemeanor violation of the Illinois Controlled
23 Substances Act, or in a misdemeanor violation of the
24 Methamphetamine Control and Community Protection Act;
25 or
26 (F) (blank); or

SB2279- 56 -LRB098 03802 RLC 33818 b
1 (G) the person possessing the weapon had a order of
2 protection issued against him or her within the
3 previous 2 years; or
4 (H) the person possessing the weapon was engaged in
5 the commission or attempted commission of a
6 misdemeanor involving the use or threat of violence
7 against the person or property of another; or
8 (I) the person possessing the weapon was under 21
9 years of age and in possession of a handgun as defined
10 in Section 24-3, unless the person under 21 is engaged
11 in lawful activities under the Wildlife Code or
12 described in subsection 24-2(b)(1), (b)(3), or
13 24-2(f).
14 (b) "Stun gun or taser" as used in this Section has the
15same definition given to it in Section 24-1 of this Code.
16 (c) This Section does not apply to or affect the
17transportation or possession of weapons that:
18 (i) are broken down in a non-functioning state; or
19 (ii) are not immediately accessible; or
20 (iii) are unloaded and enclosed in a case, firearm
21 carrying box, shipping box, or other container by a
22 person who has been issued a currently valid Firearm
23 Owner's Identification Card.
24 (d) Sentence.
25 (1) Aggravated unlawful use of a weapon is a Class 4
26 felony; a second or subsequent offense is a Class 2 felony

SB2279- 57 -LRB098 03802 RLC 33818 b
1 for which the person shall be sentenced to a term of
2 imprisonment of not less than 3 years and not more than 7
3 years.
4 (2) Except as otherwise provided in paragraphs (3) and
5 (4) of this subsection (d), a first offense of aggravated
6 unlawful use of a weapon committed with a firearm by a
7 person 18 years of age or older where the factors listed in
8 both items (A) and (C) of paragraph (3) of subsection (a)
9 are present is a Class 4 felony, for which the person shall
10 be sentenced to a term of imprisonment of not less than one
11 year and not more than 3 years.
12 (3) Aggravated unlawful use of a weapon by a person who
13 has been previously convicted of a felony in this State or
14 another jurisdiction is a Class 2 felony for which the
15 person shall be sentenced to a term of imprisonment of not
16 less than 3 years and not more than 7 years.
17 (4) (Blank). Aggravated unlawful use of a weapon while
18 wearing or in possession of body armor as defined in
19 Section 33F-1 by a person who has not been issued a valid
20 Firearms Owner's Identification Card in accordance with
21 Section 5 of the Firearm Owners Identification Card Act is
22 a Class X felony.
23 (e) The possession of each firearm in violation of this
24Section constitutes a single and separate violation.
25(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
2696-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

SB2279- 58 -LRB098 03802 RLC 33818 b
1 (720 ILCS 5/24-2)
2 Sec. 24-2. Exemptions.
3 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6 (1) Peace officers, and any person summoned by a peace
7 officer to assist in making arrests or preserving the
8 peace, while actually engaged in assisting such officer.
9 (2) Wardens, superintendents and keepers of prisons,
10 penitentiaries, jails and other institutions for the
11 detention of persons accused or convicted of an offense,
12 while in the performance of their official duty, or while
13 commuting between their homes and places of employment.
14 (3) Members of the Armed Services or Reserve Forces of
15 the United States or the Illinois National Guard or the
16 Reserve Officers Training Corps, while in the performance
17 of their official duty.
18 (4) Special agents employed by a railroad or a public
19 utility to perform police functions, and guards of armored
20 car companies, while actually engaged in the performance of
21 the duties of their employment or commuting between their
22 homes and places of employment; and watchmen while actually
23 engaged in the performance of the duties of their
24 employment.
25 (5) Persons licensed as private security contractors,

SB2279- 59 -LRB098 03802 RLC 33818 b
1 private detectives, or private alarm contractors, or
2 employed by an agency certified by the Department of
3 Financial and Professional Regulation, if their duties
4 include the carrying of a weapon under the provisions of
5 the Private Detective, Private Alarm, Private Security,
6 Fingerprint Vendor, and Locksmith Act of 2004, while
7 actually engaged in the performance of the duties of their
8 employment or commuting between their homes and places of
9 employment, provided that such commuting is accomplished
10 within one hour from departure from home or place of
11 employment, as the case may be. A person shall be
12 considered eligible for this exemption if he or she has
13 completed the required 20 hours of training for a private
14 security contractor, private detective, or private alarm
15 contractor, or employee of a licensed agency and 20 hours
16 of required firearm training, and has been issued a firearm
17 control card by the Department of Financial and
18 Professional Regulation. Conditions for the renewal of
19 firearm control cards issued under the provisions of this
20 Section shall be the same as for those cards issued under
21 the provisions of the Private Detective, Private Alarm,
22 Private Security, Fingerprint Vendor, and Locksmith Act of
23 2004. The firearm control card shall be carried by the
24 private security contractor, private detective, or private
25 alarm contractor, or employee of the licensed agency at all
26 times when he or she is in possession of a concealable

SB2279- 60 -LRB098 03802 RLC 33818 b
1 weapon.
2 (6) Any person regularly employed in a commercial or
3 industrial operation as a security guard for the protection
4 of persons employed and private property related to such
5 commercial or industrial operation, while actually engaged
6 in the performance of his or her duty or traveling between
7 sites or properties belonging to the employer, and who, as
8 a security guard, is a member of a security force of at
9 least 5 persons registered with the Department of Financial
10 and Professional Regulation; provided that such security
11 guard has successfully completed a course of study,
12 approved by and supervised by the Department of Financial
13 and Professional Regulation, consisting of not less than 40
14 hours of training that includes the theory of law
15 enforcement, liability for acts, and the handling of
16 weapons. A person shall be considered eligible for this
17 exemption if he or she has completed the required 20 hours
18 of training for a security officer and 20 hours of required
19 firearm training, and has been issued a firearm control
20 card by the Department of Financial and Professional
21 Regulation. Conditions for the renewal of firearm control
22 cards issued under the provisions of this Section shall be
23 the same as for those cards issued under the provisions of
24 the Private Detective, Private Alarm, Private Security,
25 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
26 control card shall be carried by the security guard at all

SB2279- 61 -LRB098 03802 RLC 33818 b
1 times when he or she is in possession of a concealable
2 weapon.
3 (7) Agents and investigators of the Illinois
4 Legislative Investigating Commission authorized by the
5 Commission to carry the weapons specified in subsections
6 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
7 any investigation for the Commission.
8 (8) Persons employed by a financial institution for the
9 protection of other employees and property related to such
10 financial institution, while actually engaged in the
11 performance of their duties, commuting between their homes
12 and places of employment, or traveling between sites or
13 properties owned or operated by such financial
14 institution, provided that any person so employed has
15 successfully completed a course of study, approved by and
16 supervised by the Department of Financial and Professional
17 Regulation, consisting of not less than 40 hours of
18 training which includes theory of law enforcement,
19 liability for acts, and the handling of weapons. A person
20 shall be considered to be eligible for this exemption if he
21 or she has completed the required 20 hours of training for
22 a security officer and 20 hours of required firearm
23 training, and has been issued a firearm control card by the
24 Department of Financial and Professional Regulation.
25 Conditions for renewal of firearm control cards issued
26 under the provisions of this Section shall be the same as

SB2279- 62 -LRB098 03802 RLC 33818 b
1 for those issued under the provisions of the Private
2 Detective, Private Alarm, Private Security, Fingerprint
3 Vendor, and Locksmith Act of 2004. Such firearm control
4 card shall be carried by the person so trained at all times
5 when such person is in possession of a concealable weapon.
6 For purposes of this subsection, "financial institution"
7 means a bank, savings and loan association, credit union or
8 company providing armored car services.
9 (9) Any person employed by an armored car company to
10 drive an armored car, while actually engaged in the
11 performance of his duties.
12 (10) Persons who have been classified as peace officers
13 pursuant to the Peace Officer Fire Investigation Act.
14 (11) Investigators of the Office of the State's
15 Attorneys Appellate Prosecutor authorized by the board of
16 governors of the Office of the State's Attorneys Appellate
17 Prosecutor to carry weapons pursuant to Section 7.06 of the
18 State's Attorneys Appellate Prosecutor's Act.
19 (12) Special investigators appointed by a State's
20 Attorney under Section 3-9005 of the Counties Code.
21 (12.5) Probation officers while in the performance of
22 their duties, or while commuting between their homes,
23 places of employment or specific locations that are part of
24 their assigned duties, with the consent of the chief judge
25 of the circuit for which they are employed.
26 (13) Court Security Officers while in the performance

SB2279- 63 -LRB098 03802 RLC 33818 b
1 of their official duties, or while commuting between their
2 homes and places of employment, with the consent of the
3 Sheriff.
4 (13.5) A person employed as an armed security guard at
5 a nuclear energy, storage, weapons or development site or
6 facility regulated by the Nuclear Regulatory Commission
7 who has completed the background screening and training
8 mandated by the rules and regulations of the Nuclear
9 Regulatory Commission.
10 (14) Manufacture, transportation, or sale of weapons
11 to persons authorized under subdivisions (1) through
12 (13.5) of this subsection to possess those weapons.
13 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any of the following:
15 (1) Members of any club or organization organized for
16 the purpose of practicing shooting at targets upon
17 established target ranges, whether public or private, and
18 patrons of such ranges, while such members or patrons are
19 using their firearms on those target ranges.
20 (2) Duly authorized military or civil organizations
21 while parading, with the special permission of the
22 Governor.
23 (3) Hunters, trappers or fishermen with a license or
24 permit while engaged in hunting, trapping or fishing.
25 (4) Transportation of weapons that are broken down in a
26 non-functioning state or are not immediately accessible.

SB2279- 64 -LRB098 03802 RLC 33818 b
1 (5) Carrying or possessing any pistol, revolver, stun
2 gun or taser or other firearm on the land or in the legal
3 dwelling of another person as an invitee with that person's
4 permission.
5 (c) Subsection 24-1(a)(7) does not apply to or affect any
6of the following:
7 (1) Peace officers while in performance of their
8 official duties.
9 (2) Wardens, superintendents and keepers of prisons,
10 penitentiaries, jails and other institutions for the
11 detention of persons accused or convicted of an offense.
12 (3) Members of the Armed Services or Reserve Forces of
13 the United States or the Illinois National Guard, while in
14 the performance of their official duty.
15 (4) Manufacture, transportation, or sale of machine
16 guns to persons authorized under subdivisions (1) through
17 (3) of this subsection to possess machine guns, if the
18 machine guns are broken down in a non-functioning state or
19 are not immediately accessible.
20 (5) Persons licensed under federal law to manufacture
21 any weapon from which 8 or more shots or bullets can be
22 discharged by a single function of the firing device, or
23 ammunition for such weapons, and actually engaged in the
24 business of manufacturing such weapons or ammunition, but
25 only with respect to activities which are within the lawful
26 scope of such business, such as the manufacture,

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1 transportation, or testing of such weapons or ammunition.
2 This exemption does not authorize the general private
3 possession of any weapon from which 8 or more shots or
4 bullets can be discharged by a single function of the
5 firing device, but only such possession and activities as
6 are within the lawful scope of a licensed manufacturing
7 business described in this paragraph.
8 During transportation, such weapons shall be broken
9 down in a non-functioning state or not immediately
10 accessible.
11 (6) The manufacture, transport, testing, delivery,
12 transfer or sale, and all lawful commercial or experimental
13 activities necessary thereto, of rifles, shotguns, and
14 weapons made from rifles or shotguns, or ammunition for
15 such rifles, shotguns or weapons, where engaged in by a
16 person operating as a contractor or subcontractor pursuant
17 to a contract or subcontract for the development and supply
18 of such rifles, shotguns, weapons or ammunition to the
19 United States government or any branch of the Armed Forces
20 of the United States, when such activities are necessary
21 and incident to fulfilling the terms of such contract.
22 The exemption granted under this subdivision (c)(6)
23 shall also apply to any authorized agent of any such
24 contractor or subcontractor who is operating within the
25 scope of his employment, where such activities involving
26 such weapon, weapons or ammunition are necessary and

SB2279- 66 -LRB098 03802 RLC 33818 b
1 incident to fulfilling the terms of such contract.
2 During transportation, any such weapon shall be broken
3 down in a non-functioning state, or not immediately
4 accessible.
5 (7) A person possessing a rifle with a barrel or
6 barrels less than 16 inches in length if: (A) the person
7 has been issued a Curios and Relics license from the U.S.
8 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
9 the person is an active member of a bona fide, nationally
10 recognized military re-enacting group and the modification
11 is required and necessary to accurately portray the weapon
12 for historical re-enactment purposes; the re-enactor is in
13 possession of a valid and current re-enacting group
14 membership credential; and the overall length of the weapon
15 as modified is not less than 26 inches.
16 During transportation, any such weapon shall be broken
17 down in a non-functioning state, or not immediately
18 accessible.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a peace
21officer.
22 (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

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1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
6 (1) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (2) Bonafide collectors of antique or surplus military
10 ordinance.
11 (3) Laboratories having a department of forensic
12 ballistics, or specializing in the development of
13 ammunition or explosive ordinance.
14 (4) Commerce, preparation, assembly or possession of
15 explosive bullets by manufacturers of ammunition licensed
16 by the federal government, in connection with the supply of
17 those organizations and persons exempted by subdivision
18 (g)(1) of this Section, or like organizations and persons
19 outside this State, or the transportation of explosive
20 bullets to any organization or person exempted in this
21 Section by a common carrier or by a vehicle owned or leased
22 by an exempted manufacturer.
23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
24persons licensed under federal law to manufacture any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, firearms, or ammunition

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1for those firearms equipped with those devices, and actually
2engaged in the business of manufacturing those devices,
3firearms, or ammunition, but only with respect to activities
4that are within the lawful scope of that business, such as the
5manufacture, transportation, or testing of those devices,
6firearms, or ammunition. This exemption does not authorize the
7general private possession of any device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm, but only such possession and activities
10as are within the lawful scope of a licensed manufacturing
11business described in this subsection (g-5). During
12transportation, these devices shall be detached from any weapon
13or not immediately accessible.
14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

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1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12 (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16 (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.
4(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
5eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
697-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
7revised 8-23-12.)
8 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
9 Sec. 24-3. Unlawful sale or delivery of firearms.
10 (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13 (a) Sells or gives any firearm of a size which may be
14 concealed upon the person to any person under 18 years of
15 age.
16 (b) Sells or gives any firearm to a person under 21
17 years of age who has been convicted of a misdemeanor other
18 than a traffic offense or adjudged delinquent.
19 (c) Sells or gives any firearm to any narcotic addict.
20 (d) Sells or gives any firearm to any person who has
21 been convicted of a felony under the laws of this or any
22 other jurisdiction.
23 (e) Sells or gives any firearm to any person who has
24 been a patient in a mental hospital within the past 5
25 years.

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1 (f) Sells or gives any firearms to any person who is
2 intellectually disabled.
3 (g) Delivers any firearm of a size which may be
4 concealed upon the person, incidental to a sale, without
5 withholding delivery of such firearm for at least 72 hours
6 after application for its purchase has been made, or
7 delivers any rifle, shotgun or other long gun, or a stun
8 gun or taser, incidental to a sale, without withholding
9 delivery of such rifle, shotgun or other long gun, or a
10 stun gun or taser for at least 24 hours after application
11 for its purchase has been made. However, this paragraph (g)
12 does not apply to: (1) the sale of a firearm to a law
13 enforcement officer if the seller of the firearm knows that
14 the person to whom he or she is selling the firearm is a
15 law enforcement officer or the sale of a firearm to a
16 person who desires to purchase a firearm for use in
17 promoting the public interest incident to his or her
18 employment as a bank guard, armed truck guard, or other
19 similar employment; (2) a mail order sale of a firearm to a
20 nonresident of Illinois under which the firearm is mailed
21 to a point outside the boundaries of Illinois; (3) the sale
22 of a firearm to a nonresident of Illinois while at a
23 firearm showing or display recognized by the Illinois
24 Department of State Police; or (4) the sale of a firearm to
25 a dealer licensed as a federal firearms dealer under
26 Section 923 of the federal Gun Control Act of 1968 (18

SB2279- 72 -LRB098 03802 RLC 33818 b
1 U.S.C. 923). For purposes of this paragraph (g),
2 "application" means when the buyer and seller reach an
3 agreement to purchase a firearm.
4 (h) While holding any license as a dealer, importer,
5 manufacturer or pawnbroker under the federal Gun Control
6 Act of 1968, manufactures, sells or delivers to any
7 unlicensed person a handgun having a barrel, slide, frame
8 or receiver which is a die casting of zinc alloy or any
9 other nonhomogeneous metal which will melt or deform at a
10 temperature of less than 800 degrees Fahrenheit. For
11 purposes of this paragraph, (1) "firearm" is defined as in
12 Section 2-7.5 of this Code the Firearm Owners
13 Identification Card Act; and (2) "handgun" is defined as a
14 firearm designed to be held and fired by the use of a
15 single hand, and includes a combination of parts from which
16 such a firearm can be assembled.
17 (i) (Blank). Sells or gives a firearm of any size to
18 any person under 18 years of age who does not possess a
19 valid Firearm Owner's Identification Card.
20 (j) Sells or gives a firearm while engaged in the
21 business of selling firearms at wholesale or retail without
22 being licensed as a federal firearms dealer under Section
23 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
24 In this paragraph (j):
25 A person "engaged in the business" means a person who
26 devotes time, attention, and labor to engaging in the

SB2279- 73 -LRB098 03802 RLC 33818 b
1 activity as a regular course of trade or business with the
2 principal objective of livelihood and profit, but does not
3 include a person who makes occasional repairs of firearms
4 or who occasionally fits special barrels, stocks, or
5 trigger mechanisms to firearms.
6 "With the principal objective of livelihood and
7 profit" means that the intent underlying the sale or
8 disposition of firearms is predominantly one of obtaining
9 livelihood and pecuniary gain, as opposed to other intents,
10 such as improving or liquidating a personal firearms
11 collection; however, proof of profit shall not be required
12 as to a person who engages in the regular and repetitive
13 purchase and disposition of firearms for criminal purposes
14 or terrorism.
15 (k) (Blank). Sells or transfers ownership of a firearm
16 to a person who does not display to the seller or
17 transferor of the firearm a currently valid Firearm Owner's
18 Identification Card that has previously been issued in the
19 transferee's name by the Department of State Police under
20 the provisions of the Firearm Owners Identification Card
21 Act. This paragraph (k) does not apply to the transfer of a
22 firearm to a person who is exempt from the requirement of
23 possessing a Firearm Owner's Identification Card under
24 Section 2 of the Firearm Owners Identification Card Act.
25 For the purposes of this Section, a currently valid Firearm
26 Owner's Identification Card means (i) a Firearm Owner's

SB2279- 74 -LRB098 03802 RLC 33818 b
1 Identification Card that has not expired or (ii) if the
2 transferor is licensed as a federal firearms dealer under
3 Section 923 of the federal Gun Control Act of 1968 (18
4 U.S.C. 923), an approval number issued in accordance with
5 Section 3.1 of the Firearm Owners Identification Card Act
6 shall be proof that the Firearm Owner's Identification Card
7 was valid.
8 (l) Not being entitled to the possession of a firearm,
9 delivers the firearm, knowing it to have been stolen or
10 converted. It may be inferred that a person who possesses a
11 firearm with knowledge that its serial number has been
12 removed or altered has knowledge that the firearm is stolen
13 or converted.
14 (B) Paragraph (h) of subsection (A) does not include
15firearms sold within 6 months after enactment of Public Act
1678-355 (approved August 21, 1973, effective October 1, 1973),
17nor is any firearm legally owned or possessed by any citizen or
18purchased by any citizen within 6 months after the enactment of
19Public Act 78-355 subject to confiscation or seizure under the
20provisions of that Public Act. Nothing in Public Act 78-355
21shall be construed to prohibit the gift or trade of any firearm
22if that firearm was legally held or acquired within 6 months
23after the enactment of that Public Act.
24 (C) Sentence.
25 (1) Any person convicted of unlawful sale or delivery
26 of firearms in violation of paragraph (c), (e), (f), (g),

SB2279- 75 -LRB098 03802 RLC 33818 b
1 or (h) of subsection (A) commits a Class 4 felony.
2 (2) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (b) or (i) of
4 subsection (A) commits a Class 3 felony.
5 (3) Any person convicted of unlawful sale or delivery
6 of firearms in violation of paragraph (a) of subsection (A)
7 commits a Class 2 felony.
8 (4) Any person convicted of unlawful sale or delivery
9 of firearms in violation of paragraph (a) or , (b), or (i)
10 of subsection (A) in any school, on the real property
11 comprising a school, within 1,000 feet of the real property
12 comprising a school, at a school related activity, or on or
13 within 1,000 feet of any conveyance owned, leased, or
14 contracted by a school or school district to transport
15 students to or from school or a school related activity,
16 regardless of the time of day or time of year at which the
17 offense was committed, commits a Class 1 felony. Any person
18 convicted of a second or subsequent violation of unlawful
19 sale or delivery of firearms in violation of paragraph (a)
20 or , (b), or (i) of subsection (A) in any school, on the
21 real property comprising a school, within 1,000 feet of the
22 real property comprising a school, at a school related
23 activity, or on or within 1,000 feet of any conveyance
24 owned, leased, or contracted by a school or school district
25 to transport students to or from school or a school related
26 activity, regardless of the time of day or time of year at

SB2279- 76 -LRB098 03802 RLC 33818 b
1 which the offense was committed, commits a Class 1 felony
2 for which the sentence shall be a term of imprisonment of
3 no less than 5 years and no more than 15 years.
4 (5) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (a) or (i) of
6 subsection (A) in residential property owned, operated, or
7 managed by a public housing agency or leased by a public
8 housing agency as part of a scattered site or mixed-income
9 development, in a public park, in a courthouse, on
10 residential property owned, operated, or managed by a
11 public housing agency or leased by a public housing agency
12 as part of a scattered site or mixed-income development, on
13 the real property comprising any public park, on the real
14 property comprising any courthouse, or on any public way
15 within 1,000 feet of the real property comprising any
16 public park, courthouse, or residential property owned,
17 operated, or managed by a public housing agency or leased
18 by a public housing agency as part of a scattered site or
19 mixed-income development commits a Class 2 felony.
20 (6) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (j) of subsection (A)
22 commits a Class A misdemeanor. A second or subsequent
23 violation is a Class 4 felony.
24 (7) (Blank). Any person convicted of unlawful sale or
25 delivery of firearms in violation of paragraph (k) of
26 subsection (A) commits a Class 4 felony. A third or

SB2279- 77 -LRB098 03802 RLC 33818 b
1 subsequent conviction for a violation of paragraph (k) of
2 subsection (A) is a Class 1 felony.
3 (8) A person 18 years of age or older convicted of
4 unlawful sale or delivery of firearms in violation of
5 paragraph (a) or (i) of subsection (A), when the firearm
6 that was sold or given to another person under 18 years of
7 age was used in the commission of or attempt to commit a
8 forcible felony, shall be fined or imprisoned, or both, not
9 to exceed the maximum provided for the most serious
10 forcible felony so committed or attempted by the person
11 under 18 years of age who was sold or given the firearm.
12 (9) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (d) of subsection (A)
14 commits a Class 3 felony.
15 (10) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (l) of subsection (A)
17 commits a Class 2 felony if the delivery is of one firearm.
18 Any person convicted of unlawful sale or delivery of
19 firearms in violation of paragraph (l) of subsection (A)
20 commits a Class 1 felony if the delivery is of not less
21 than 2 and not more than 5 firearms at the same time or
22 within a one year period. Any person convicted of unlawful
23 sale or delivery of firearms in violation of paragraph (l)
24 of subsection (A) commits a Class X felony for which he or
25 she shall be sentenced to a term of imprisonment of not
26 less than 6 years and not more than 30 years if the

SB2279- 78 -LRB098 03802 RLC 33818 b
1 delivery is of not less than 6 and not more than 10
2 firearms at the same time or within a 2 year period. Any
3 person convicted of unlawful sale or delivery of firearms
4 in violation of paragraph (l) of subsection (A) commits a
5 Class X felony for which he or she shall be sentenced to a
6 term of imprisonment of not less than 6 years and not more
7 than 40 years if the delivery is of not less than 11 and
8 not more than 20 firearms at the same time or within a 3
9 year period. Any person convicted of unlawful sale or
10 delivery of firearms in violation of paragraph (l) of
11 subsection (A) commits a Class X felony for which he or she
12 shall be sentenced to a term of imprisonment of not less
13 than 6 years and not more than 50 years if the delivery is
14 of not less than 21 and not more than 30 firearms at the
15 same time or within a 4 year period. Any person convicted
16 of unlawful sale or delivery of firearms in violation of
17 paragraph (l) of subsection (A) commits a Class X felony
18 for which he or she shall be sentenced to a term of
19 imprisonment of not less than 6 years and not more than 60
20 years if the delivery is of 31 or more firearms at the same
21 time or within a 5 year period.
22 (D) For purposes of this Section:
23 "School" means a public or private elementary or secondary
24school, community college, college, or university.
25 "School related activity" means any sporting, social,
26academic, or other activity for which students' attendance or

SB2279- 79 -LRB098 03802 RLC 33818 b
1participation is sponsored, organized, or funded in whole or in
2part by a school or school district.
3 (E) A prosecution for a violation of paragraph (k) of
4subsection (A) of this Section may be commenced within 6 years
5after the commission of the offense. A prosecution for a
6violation of this Section other than paragraph (g) of
7subsection (A) of this Section may be commenced within 5 years
8after the commission of the offense defined in the particular
9paragraph.
10(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
11eff. 1-1-12; 97-813, eff. 7-13-12.)
12 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
13 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
14 (a) A person commits the offense of unlawful discharge of
15firearm projectiles when he or she knowingly or recklessly uses
16an armor piercing bullet, dragon's breath shotgun shell, bolo
17shell, or flechette shell in violation of this Section.
18 For purposes of this Section:
19 "Armor piercing bullet" means any handgun bullet or handgun
20ammunition with projectiles or projectile cores constructed
21entirely (excluding the presence of traces of other substances)
22from tungsten alloys, steel, iron, brass, bronze, beryllium
23copper or depleted uranium, or fully jacketed bullets larger
24than 22 caliber whose jacket has a weight of more than 25% of
25the total weight of the projectile, and excluding those handgun

SB2279- 80 -LRB098 03802 RLC 33818 b
1projectiles whose cores are composed of soft materials such as
2lead or lead alloys, zinc or zinc alloys, frangible projectiles
3designed primarily for sporting purposes, and any other
4projectiles or projectile cores that the U. S. Secretary of the
5Treasury finds to be primarily intended to be used for sporting
6purposes or industrial purposes or that otherwise does not
7constitute "armor piercing ammunition" as that term is defined
8by federal law.
9 "Dragon's breath shotgun shell" means any shotgun shell
10that contains exothermic pyrophoric mesh metal as the
11projectile and is designed for the purpose of throwing or
12spewing a flame or fireball to simulate a flame-thrower.
13 "Bolo shell" means any shell that can be fired in a firearm
14and expels as projectiles 2 or more metal balls connected by
15solid metal wire.
16 "Flechette shell" means any shell that can be fired in a
17firearm and expels 2 or more pieces of fin-stabilized solid
18metal wire or 2 or more solid dart-type projectiles.
19 (b) A person commits a Class X felony when he or she,
20knowing that a firearm, as defined in Section 2-7.5 of this
21Code 1.1 of the Firearm Owners Identification Card Act, is
22loaded with an armor piercing bullet, dragon's breath shotgun
23shell, bolo shell, or flechette shell, intentionally or
24recklessly discharges such firearm and such bullet or shell
25strikes any other person.
26 (c) Any person who possesses, concealed on or about his or

SB2279- 81 -LRB098 03802 RLC 33818 b
1her person, an armor piercing bullet, dragon's breath shotgun
2shell, bolo shell, or flechette shell and a firearm suitable
3for the discharge thereof is guilty of a Class 2 felony.
4 (d) This Section does not apply to or affect any of the
5following:
6 (1) Peace officers;
7 (2) Wardens, superintendents and keepers of prisons,
8 penitentiaries, jails and other institutions for the
9 detention of persons accused or convicted of an offense;
10 (3) Members of the Armed Services or Reserve Forces of
11 the United States or the Illinois National Guard while in
12 the performance of their official duties;
13 (4) Federal officials required to carry firearms,
14 while engaged in the performance of their official duties;
15 (5) United States Marshals, while engaged in the
16 performance of their official duties.
17(Source: P.A. 92-423, eff. 1-1-02.)
18 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
19 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
20 (a) It shall be unlawful for any person who holds a license
21to sell at retail any alcoholic liquor issued by the Illinois
22Liquor Control Commission or local liquor control commissioner
23under the Liquor Control Act of 1934 or an agent or employee of
24the licensee to sell or deliver to any other person a firearm
25in or on the real property of the establishment where the

SB2279- 82 -LRB098 03802 RLC 33818 b
1licensee is licensed to sell alcoholic liquors unless the sale
2or delivery of the firearm is otherwise lawful under this
3Article and under the Firearm Owners Identification Card Act.
4 (b) Sentence. A violation of subsection (a) of this Section
5is a Class 4 felony.
6(Source: P.A. 87-591.)
7 (720 ILCS 5/24-3.5)
8 Sec. 24-3.5. Unlawful purchase of a firearm.
9 (a) For purposes of this Section, "firearms transaction
10record form" means a form:
11 (1) executed by a transferee of a firearm stating: (i)
12 the transferee's name and address (including county or
13 similar political subdivision); (ii) whether the
14 transferee is a citizen of the United States; (iii) the
15 transferee's State of residence; and (iv) the date and
16 place of birth, height, weight, and race of the transferee;
17 and
18 (2) on which the transferee certifies that he or she is
19 not prohibited by federal law from transporting or shipping
20 a firearm in interstate or foreign commerce or receiving a
21 firearm that has been shipped or transported in interstate
22 or foreign commerce or possessing a firearm in or affecting
23 commerce.
24 (b) A person commits the offense of unlawful purchase of a
25firearm who knowingly purchases or attempts to purchase a

SB2279- 83 -LRB098 03802 RLC 33818 b
1firearm with the intent to deliver that firearm to another
2person who is prohibited by federal or State law from
3possessing a firearm.
4 (c) A person commits the offense of unlawful purchase of a
5firearm when he or she, in purchasing or attempting to purchase
6a firearm, intentionally provides false or misleading
7information on a United States Department of the Treasury,
8Bureau of Alcohol, Tobacco and Firearms firearms transaction
9record form.
10 (d) Exemption. It is not a violation of subsection (b) of
11this Section for a person to make a gift or loan of a firearm to
12a person who is not prohibited by federal or State law from
13possessing a firearm if the transfer of the firearm is made in
14accordance with Section 3 of the Firearm Owners Identification
15Card Act.
16 (e) Sentence.
17 (1) A person who commits the offense of unlawful
18 purchase of a firearm:
19 (A) is guilty of a Class 2 felony for purchasing or
20 attempting to purchase one firearm;
21 (B) is guilty of a Class 1 felony for purchasing or
22 attempting to purchase not less than 2 firearms and not
23 more than 5 firearms at the same time or within a one
24 year period;
25 (C) is guilty of a Class X felony for which the
26 offender shall be sentenced to a term of imprisonment

SB2279- 84 -LRB098 03802 RLC 33818 b
1 of not less than 9 years and not more than 40 years for
2 purchasing or attempting to purchase not less than 6
3 firearms at the same time or within a 2 year period.
4 (2) In addition to any other penalty that may be
5 imposed for a violation of this Section, the court may
6 sentence a person convicted of a violation of subsection
7 (c) of this Section to a fine not to exceed $250,000 for
8 each violation.
9 (f) A prosecution for unlawful purchase of a firearm may be
10commenced within 6 years after the commission of the offense.
11(Source: P.A. 95-882, eff. 1-1-09.)
12 (720 ILCS 5/24-4.5 new)
13 Sec. 24-4.5. Dial up system.
14 (a) The Department of State Police shall provide a dial up
15telephone system or utilize other existing technology which
16shall be used by any federally licensed firearm dealer, gun
17show promoter, or gun show vendor who is to transfer a firearm,
18stun gun, or taser under the provisions of this Code. The
19Department of State Police may utilize existing technology
20which allows the caller to be charged a fee not to exceed $2.
21Fees collected by the Department of State Police shall be
22deposited in the State Police Services Fund and used to provide
23the service.
24 (b) Upon receiving a request from a federally licensed
25firearm dealer, gun show promoter, or gun show vendor, the

SB2279- 85 -LRB098 03802 RLC 33818 b
1Department of State Police shall immediately approve, or within
2the time period established by Section 24-3 of this Code
3regarding the delivery of firearms, stun guns, and tasers
4notify the inquiring dealer, gun show promoter, or gun show
5vendor of any objection that would disqualify the transferee
6from acquiring or possessing a firearm, stun gun, or taser. In
7conducting the inquiry, the Department of State Police shall
8initiate and complete an automated search of its criminal
9history record information files and those of the Federal
10Bureau of Investigation, including the National Instant
11Criminal Background Check System, and of the files of the
12Department of Human Services relating to mental health and
13developmental disabilities to obtain any felony conviction or
14patient hospitalization information which would disqualify a
15person from obtaining a firearm.
16 (c) If receipt of a firearm would not violate Section 24-3
17of this Code or federal law, the Department of State Police
18shall:
19 (1) assign a unique identification number to the
20 transfer; and
21 (2) provide the licensee, gun show promoter, or gun
22 show vendor with the number.
23 (d) Approvals issued by the Department of State Police for
24the purchase of a firearm are valid for 30 days from the date
25of issue.
26 (e)(1) The Department of State Police must act as the

SB2279- 86 -LRB098 03802 RLC 33818 b
1Illinois Point of Contact for the National Instant Criminal
2Background Check System.
3 (2) The Department of State Police and the Department of
4Human Services shall, in accordance with State and federal law
5regarding confidentiality, enter into a memorandum of
6understanding with the Federal Bureau of Investigation for the
7purpose of implementing the National Instant Criminal
8Background Check System in the State. The Department of State
9Police shall report the name, date of birth, and physical
10description of any person prohibited from possessing a firearm
11under this Code or 18 U.S.C. 922(g) and (n) to the National
12Instant Criminal Background Check System Index, Denied Persons
13Files.
14 (f) The Department of State Police shall promulgate rules
15not inconsistent with this Section to implement this system.
16 (720 ILCS 5/24-9)
17 Sec. 24-9. Firearms; Child Protection.
18 (a) Except as provided in subsection (c), it is unlawful
19for any person to store or leave, within premises under his or
20her control, a firearm if the person knows or has reason to
21believe that a minor under the age of 14 years who does not
22have a Firearm Owners Identification Card is likely to gain
23access to the firearm without the lawful permission of the
24minor's parent, guardian, or person having charge of the minor,
25and the minor causes death or great bodily harm with the

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1firearm, unless the firearm is:
2 (1) secured by a device or mechanism, other than the
3 firearm safety, designed to render a firearm temporarily
4 inoperable; or
5 (2) placed in a securely locked box or container; or
6 (3) placed in some other location that a reasonable
7 person would believe to be secure from a minor under the
8 age of 14 years.
9 (b) Sentence. A person who violates this Section is guilty
10of a Class C misdemeanor and shall be fined not less than
11$1,000. A second or subsequent violation of this Section is a
12Class A misdemeanor.
13 (c) Subsection (a) does not apply:
14 (1) if the minor under 14 years of age gains access to
15 a firearm and uses it in a lawful act of self-defense or
16 defense of another; or
17 (2) to any firearm obtained by a minor under the age of
18 14 because of an unlawful entry of the premises by the
19 minor or another person.
20 (d) For the purposes of this Section, "firearm" has the
21meaning ascribed to it in Section 2-7.5 of this Code 1.1 of the
22Firearm Owners Identification Card Act.
23(Source: P.A. 91-18, eff. 1-1-00.)
24 Section 60. The Methamphetamine Control and Community
25Protection Act is amended by changing Section 10 as follows:

SB2279- 88 -LRB098 03802 RLC 33818 b
1 (720 ILCS 646/10)
2 Sec. 10. Definitions. As used in this Act:
3 "Anhydrous ammonia" has the meaning provided in subsection
4(d) of Section 3 of the Illinois Fertilizer Act of 1961.
5 "Anhydrous ammonia equipment" means all items used to
6store, hold, contain, handle, transfer, transport, or apply
7anhydrous ammonia for lawful purposes.
8 "Booby trap" means any device designed to cause physical
9injury when triggered by an act of a person approaching,
10entering, or moving through a structure, a vehicle, or any
11location where methamphetamine has been manufactured, is being
12manufactured, or is intended to be manufactured.
13 "Deliver" or "delivery" has the meaning provided in
14subsection (h) of Section 102 of the Illinois Controlled
15Substances Act.
16 "Director" means the Director of State Police or the
17Director's designated agents.
18 "Dispose" or "disposal" means to abandon, discharge,
19release, deposit, inject, dump, spill, leak, or place
20methamphetamine waste onto or into any land, water, or well of
21any type so that the waste has the potential to enter the
22environment, be emitted into the air, or be discharged into the
23soil or any waters, including groundwater.
24 "Emergency response" means the act of collecting evidence
25from or securing a methamphetamine laboratory site,

SB2279- 89 -LRB098 03802 RLC 33818 b
1methamphetamine waste site or other methamphetamine-related
2site and cleaning up the site, whether these actions are
3performed by public entities or private contractors paid by
4public entities.
5 "Emergency service provider" means a local, State, or
6federal peace officer, firefighter, emergency medical
7technician-ambulance, emergency medical
8technician-intermediate, emergency medical
9technician-paramedic, ambulance driver, or other medical or
10first aid personnel rendering aid, or any agent or designee of
11the foregoing.
12 "Finished methamphetamine" means methamphetamine in a form
13commonly used for personal consumption.
14 "Firearm" has the meaning provided in Section 2-7.5 of the
15Criminal Code of 2012 1.1 of the Firearm Owners Identification
16Card Act.
17 "Manufacture" means to produce, prepare, compound,
18convert, process, synthesize, concentrate, purify, separate,
19extract, or package any methamphetamine, methamphetamine
20precursor, methamphetamine manufacturing catalyst,
21methamphetamine manufacturing reagent, methamphetamine
22manufacturing solvent, or any substance containing any of the
23foregoing.
24 "Methamphetamine" means the chemical methamphetamine (a
25Schedule II controlled substance under the Illinois Controlled
26Substances Act) or any salt, optical isomer, salt of optical

SB2279- 90 -LRB098 03802 RLC 33818 b
1isomer, or analog thereof, with the exception of
23,4-Methylenedioxymethamphetamine (MDMA) or any other
3scheduled substance with a separate listing under the Illinois
4Controlled Substances Act.
5 "Methamphetamine manufacturing catalyst" means any
6substance that has been used, is being used, or is intended to
7be used to activate, accelerate, extend, or improve a chemical
8reaction involved in the manufacture of methamphetamine.
9 "Methamphetamine manufacturing environment" means a
10structure or vehicle in which:
11 (1) methamphetamine is being or has been manufactured;
12 (2) chemicals that are being used, have been used, or
13 are intended to be used to manufacture methamphetamine are
14 stored;
15 (3) methamphetamine manufacturing materials that have
16 been used to manufacture methamphetamine are stored; or
17 (4) methamphetamine manufacturing waste is stored.
18 "Methamphetamine manufacturing material" means any
19methamphetamine precursor, substance containing any
20methamphetamine precursor, methamphetamine manufacturing
21catalyst, substance containing any methamphetamine
22manufacturing catalyst, methamphetamine manufacturing reagent,
23substance containing any methamphetamine manufacturing
24reagent, methamphetamine manufacturing solvent, substance
25containing any methamphetamine manufacturing solvent, or any
26other chemical, substance, ingredient, equipment, apparatus,

SB2279- 91 -LRB098 03802 RLC 33818 b
1or item that is being used, has been used, or is intended to be
2used in the manufacture of methamphetamine.
3 "Methamphetamine manufacturing reagent" means any
4substance other than a methamphetamine manufacturing catalyst
5that has been used, is being used, or is intended to be used to
6react with and chemically alter any methamphetamine precursor.
7 "Methamphetamine manufacturing solvent" means any
8substance that has been used, is being used, or is intended to
9be used as a medium in which any methamphetamine precursor,
10methamphetamine manufacturing catalyst, methamphetamine
11manufacturing reagent, or any substance containing any of the
12foregoing is dissolved, diluted, or washed during any part of
13the methamphetamine manufacturing process.
14 "Methamphetamine manufacturing waste" means any chemical,
15substance, ingredient, equipment, apparatus, or item that is
16left over from, results from, or is produced by the process of
17manufacturing methamphetamine, other than finished
18methamphetamine.
19 "Methamphetamine precursor" means ephedrine,
20pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
21phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
22isomer, or salt of an optical isomer of any of these chemicals.
23 "Multi-unit dwelling" means a unified structure used or
24intended for use as a habitation, home, or residence that
25contains 2 or more condominiums, apartments, hotel rooms, motel
26rooms, or other living units.

SB2279- 92 -LRB098 03802 RLC 33818 b
1 "Package" means an item marked for retail sale that is not
2designed to be further broken down or subdivided for the
3purpose of retail sale.
4 "Participate" or "participation" in the manufacture of
5methamphetamine means to produce, prepare, compound, convert,
6process, synthesize, concentrate, purify, separate, extract,
7or package any methamphetamine, methamphetamine precursor,
8methamphetamine manufacturing catalyst, methamphetamine
9manufacturing reagent, methamphetamine manufacturing solvent,
10or any substance containing any of the foregoing, or to assist
11in any of these actions, or to attempt to take any of these
12actions, regardless of whether this action or these actions
13result in the production of finished methamphetamine.
14 "Person with a disability" means a person who suffers from
15a permanent physical or mental impairment resulting from
16disease, injury, functional disorder, or congenital condition
17which renders the person incapable of adequately providing for
18his or her own health and personal care.
19 "Procure" means to purchase, steal, gather, or otherwise
20obtain, by legal or illegal means, or to cause another to take
21such action.
22 "Second or subsequent offense" means an offense under this
23Act committed by an offender who previously committed an
24offense under this Act, the Illinois Controlled Substances Act,
25the Cannabis Control Act, or another Act of this State, another
26state, or the United States relating to methamphetamine,

SB2279- 93 -LRB098 03802 RLC 33818 b
1cannabis, or any other controlled substance.
2 "Standard dosage form", as used in relation to any
3methamphetamine precursor, means that the methamphetamine
4precursor is contained in a pill, tablet, capsule, caplet, gel
5cap, or liquid cap that has been manufactured by a lawful
6entity and contains a standard quantity of methamphetamine
7precursor.
8 "Unauthorized container", as used in relation to anhydrous
9ammonia, means any container that is not designed for the
10specific and sole purpose of holding, storing, transporting, or
11applying anhydrous ammonia. "Unauthorized container" includes,
12but is not limited to, any propane tank, fire extinguisher,
13oxygen cylinder, gasoline can, food or beverage cooler, or
14compressed gas cylinder used in dispensing fountain drinks.
15"Unauthorized container" does not encompass anhydrous ammonia
16manufacturing plants, refrigeration systems where anhydrous
17ammonia is used solely as a refrigerant, anhydrous ammonia
18transportation pipelines, anhydrous ammonia tankers, or
19anhydrous ammonia barges.
20(Source: P.A. 97-434, eff. 1-1-12.)
21 Section 65. The Unified Code of Corrections is amended by
22changing Sections 5-5-3 and 5-5-3.2 as follows:
23 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
24 Sec. 5-5-3. Disposition.

SB2279- 94 -LRB098 03802 RLC 33818 b
1 (a) (Blank).
2 (b) (Blank).
3 (c) (1) (Blank).
4 (2) A period of probation, a term of periodic
5 imprisonment or conditional discharge shall not be imposed
6 for the following offenses. The court shall sentence the
7 offender to not less than the minimum term of imprisonment
8 set forth in this Code for the following offenses, and may
9 order a fine or restitution or both in conjunction with
10 such term of imprisonment:
11 (A) First degree murder where the death penalty is
12 not imposed.
13 (B) Attempted first degree murder.
14 (C) A Class X felony.
15 (D) A violation of Section 401.1 or 407 of the
16 Illinois Controlled Substances Act, or a violation of
17 subdivision (c)(1.5) or (c)(2) of Section 401 of that
18 Act which relates to more than 5 grams of a substance
19 containing cocaine, fentanyl, or an analog thereof.
20 (D-5) A violation of subdivision (c)(1) of Section
21 401 of the Illinois Controlled Substances Act which
22 relates to 3 or more grams of a substance containing
23 heroin or an analog thereof.
24 (E) A violation of Section 5.1 or 9 of the Cannabis
25 Control Act.
26 (F) A Class 2 or greater felony if the offender had

SB2279- 95 -LRB098 03802 RLC 33818 b
1 been convicted of a Class 2 or greater felony,
2 including any state or federal conviction for an
3 offense that contained, at the time it was committed,
4 the same elements as an offense now (the date of the
5 offense committed after the prior Class 2 or greater
6 felony) classified as a Class 2 or greater felony,
7 within 10 years of the date on which the offender
8 committed the offense for which he or she is being
9 sentenced, except as otherwise provided in Section
10 40-10 of the Alcoholism and Other Drug Abuse and
11 Dependency Act.
12 (F-5) A violation of Section 24-1, 24-1.1, or
13 24-1.6 of the Criminal Code of 1961 or the Criminal
14 Code of 2012 for which imprisonment is prescribed in
15 those Sections.
16 (G) Residential burglary, except as otherwise
17 provided in Section 40-10 of the Alcoholism and Other
18 Drug Abuse and Dependency Act.
19 (H) Criminal sexual assault.
20 (I) Aggravated battery of a senior citizen as
21 described in Section 12-4.6 or subdivision (a)(4) of
22 Section 12-3.05 of the Criminal Code of 1961 or the
23 Criminal Code of 2012.
24 (J) A forcible felony if the offense was related to
25 the activities of an organized gang.
26 Before July 1, 1994, for the purposes of this

SB2279- 96 -LRB098 03802 RLC 33818 b
1 paragraph, "organized gang" means an association of 5
2 or more persons, with an established hierarchy, that
3 encourages members of the association to perpetrate
4 crimes or provides support to the members of the
5 association who do commit crimes.
6 Beginning July 1, 1994, for the purposes of this
7 paragraph, "organized gang" has the meaning ascribed
8 to it in Section 10 of the Illinois Streetgang
9 Terrorism Omnibus Prevention Act.
10 (K) Vehicular hijacking.
11 (L) A second or subsequent conviction for the
12 offense of hate crime when the underlying offense upon
13 which the hate crime is based is felony aggravated
14 assault or felony mob action.
15 (M) A second or subsequent conviction for the
16 offense of institutional vandalism if the damage to the
17 property exceeds $300.
18 (N) (Blank). A Class 3 felony violation of
19 paragraph (1) of subsection (a) of Section 2 of the
20 Firearm Owners Identification Card Act.
21 (O) A violation of Section 12-6.1 or 12-6.5 of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 (P) A violation of paragraph (1), (2), (3), (4),
24 (5), or (7) of subsection (a) of Section 11-20.1 of the
25 Criminal Code of 1961 or the Criminal Code of 2012.
26 (Q) A violation of subsection (b) or (b-5) of

SB2279- 97 -LRB098 03802 RLC 33818 b
1 Section 20-1, Section 20-1.2, or Section 20-1.3 of the
2 Criminal Code of 1961 or the Criminal Code of 2012.
3 (R) A violation of Section 24-3A of the Criminal
4 Code of 1961 or the Criminal Code of 2012.
5 (S) (Blank).
6 (T) A second or subsequent violation of the
7 Methamphetamine Control and Community Protection Act.
8 (U) A second or subsequent violation of Section
9 6-303 of the Illinois Vehicle Code committed while his
10 or her driver's license, permit, or privilege was
11 revoked because of a violation of Section 9-3 of the
12 Criminal Code of 1961 or the Criminal Code of 2012,
13 relating to the offense of reckless homicide, or a
14 similar provision of a law of another state.
15 (V) A violation of paragraph (4) of subsection (c)
16 of Section 11-20.1B or paragraph (4) of subsection (c)
17 of Section 11-20.3 of the Criminal Code of 1961, or
18 paragraph (6) of subsection (a) of Section 11-20.1 of
19 the Criminal Code of 2012 when the victim is under 13
20 years of age and the defendant has previously been
21 convicted under the laws of this State or any other
22 state of the offense of child pornography, aggravated
23 child pornography, aggravated criminal sexual abuse,
24 aggravated criminal sexual assault, predatory criminal
25 sexual assault of a child, or any of the offenses
26 formerly known as rape, deviate sexual assault,

SB2279- 98 -LRB098 03802 RLC 33818 b
1 indecent liberties with a child, or aggravated
2 indecent liberties with a child where the victim was
3 under the age of 18 years or an offense that is
4 substantially equivalent to those offenses.
5 (W) A violation of Section 24-3.5 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 (X) A violation of subsection (a) of Section 31-1a
8 of the Criminal Code of 1961 or the Criminal Code of
9 2012.
10 (Y) A conviction for unlawful possession of a
11 firearm by a street gang member when the firearm was
12 loaded or contained firearm ammunition.
13 (Z) A Class 1 felony committed while he or she was
14 serving a term of probation or conditional discharge
15 for a felony.
16 (AA) Theft of property exceeding $500,000 and not
17 exceeding $1,000,000 in value.
18 (BB) Laundering of criminally derived property of
19 a value exceeding $500,000.
20 (CC) Knowingly selling, offering for sale, holding
21 for sale, or using 2,000 or more counterfeit items or
22 counterfeit items having a retail value in the
23 aggregate of $500,000 or more.
24 (DD) A conviction for aggravated assault under
25 paragraph (6) of subsection (c) of Section 12-2 of the
26 Criminal Code of 1961 or the Criminal Code of 2012 if

SB2279- 99 -LRB098 03802 RLC 33818 b
1 the firearm is aimed toward the person against whom the
2 firearm is being used.
3 (3) (Blank).
4 (4) A minimum term of imprisonment of not less than 10
5 consecutive days or 30 days of community service shall be
6 imposed for a violation of paragraph (c) of Section 6-303
7 of the Illinois Vehicle Code.
8 (4.1) (Blank).
9 (4.2) Except as provided in paragraphs (4.3) and (4.8)
10 of this subsection (c), a minimum of 100 hours of community
11 service shall be imposed for a second violation of Section
12 6-303 of the Illinois Vehicle Code.
13 (4.3) A minimum term of imprisonment of 30 days or 300
14 hours of community service, as determined by the court,
15 shall be imposed for a second violation of subsection (c)
16 of Section 6-303 of the Illinois Vehicle Code.
17 (4.4) Except as provided in paragraphs (4.5), (4.6),
18 and (4.9) of this subsection (c), a minimum term of
19 imprisonment of 30 days or 300 hours of community service,
20 as determined by the court, shall be imposed for a third or
21 subsequent violation of Section 6-303 of the Illinois
22 Vehicle Code.
23 (4.5) A minimum term of imprisonment of 30 days shall
24 be imposed for a third violation of subsection (c) of
25 Section 6-303 of the Illinois Vehicle Code.
26 (4.6) Except as provided in paragraph (4.10) of this

SB2279- 100 -LRB098 03802 RLC 33818 b
1 subsection (c), a minimum term of imprisonment of 180 days
2 shall be imposed for a fourth or subsequent violation of
3 subsection (c) of Section 6-303 of the Illinois Vehicle
4 Code.
5 (4.7) A minimum term of imprisonment of not less than
6 30 consecutive days, or 300 hours of community service,
7 shall be imposed for a violation of subsection (a-5) of
8 Section 6-303 of the Illinois Vehicle Code, as provided in
9 subsection (b-5) of that Section.
10 (4.8) A mandatory prison sentence shall be imposed for
11 a second violation of subsection (a-5) of Section 6-303 of
12 the Illinois Vehicle Code, as provided in subsection (c-5)
13 of that Section. The person's driving privileges shall be
14 revoked for a period of not less than 5 years from the date
15 of his or her release from prison.
16 (4.9) A mandatory prison sentence of not less than 4
17 and not more than 15 years shall be imposed for a third
18 violation of subsection (a-5) of Section 6-303 of the
19 Illinois Vehicle Code, as provided in subsection (d-2.5) of
20 that Section. The person's driving privileges shall be
21 revoked for the remainder of his or her life.
22 (4.10) A mandatory prison sentence for a Class 1 felony
23 shall be imposed, and the person shall be eligible for an
24 extended term sentence, for a fourth or subsequent
25 violation of subsection (a-5) of Section 6-303 of the
26 Illinois Vehicle Code, as provided in subsection (d-3.5) of

SB2279- 101 -LRB098 03802 RLC 33818 b
1 that Section. The person's driving privileges shall be
2 revoked for the remainder of his or her life.
3 (5) The court may sentence a corporation or
4 unincorporated association convicted of any offense to:
5 (A) a period of conditional discharge;
6 (B) a fine;
7 (C) make restitution to the victim under Section
8 5-5-6 of this Code.
9 (5.1) In addition to any other penalties imposed, and
10 except as provided in paragraph (5.2) or (5.3), a person
11 convicted of violating subsection (c) of Section 11-907 of
12 the Illinois Vehicle Code shall have his or her driver's
13 license, permit, or privileges suspended for at least 90
14 days but not more than one year, if the violation resulted
15 in damage to the property of another person.
16 (5.2) In addition to any other penalties imposed, and
17 except as provided in paragraph (5.3), a person convicted
18 of violating subsection (c) of Section 11-907 of the
19 Illinois Vehicle Code shall have his or her driver's
20 license, permit, or privileges suspended for at least 180
21 days but not more than 2 years, if the violation resulted
22 in injury to another person.
23 (5.3) In addition to any other penalties imposed, a
24 person convicted of violating subsection (c) of Section
25 11-907 of the Illinois Vehicle Code shall have his or her
26 driver's license, permit, or privileges suspended for 2

SB2279- 102 -LRB098 03802 RLC 33818 b
1 years, if the violation resulted in the death of another
2 person.
3 (5.4) In addition to any other penalties imposed, a
4 person convicted of violating Section 3-707 of the Illinois
5 Vehicle Code shall have his or her driver's license,
6 permit, or privileges suspended for 3 months and until he
7 or she has paid a reinstatement fee of $100.
8 (5.5) In addition to any other penalties imposed, a
9 person convicted of violating Section 3-707 of the Illinois
10 Vehicle Code during a period in which his or her driver's
11 license, permit, or privileges were suspended for a
12 previous violation of that Section shall have his or her
13 driver's license, permit, or privileges suspended for an
14 additional 6 months after the expiration of the original
15 3-month suspension and until he or she has paid a
16 reinstatement fee of $100.
17 (6) (Blank).
18 (7) (Blank).
19 (8) (Blank).
20 (9) A defendant convicted of a second or subsequent
21 offense of ritualized abuse of a child may be sentenced to
22 a term of natural life imprisonment.
23 (10) (Blank).
24 (11) The court shall impose a minimum fine of $1,000
25 for a first offense and $2,000 for a second or subsequent
26 offense upon a person convicted of or placed on supervision

SB2279- 103 -LRB098 03802 RLC 33818 b
1 for battery when the individual harmed was a sports
2 official or coach at any level of competition and the act
3 causing harm to the sports official or coach occurred
4 within an athletic facility or within the immediate
5 vicinity of the athletic facility at which the sports
6 official or coach was an active participant of the athletic
7 contest held at the athletic facility. For the purposes of
8 this paragraph (11), "sports official" means a person at an
9 athletic contest who enforces the rules of the contest,
10 such as an umpire or referee; "athletic facility" means an
11 indoor or outdoor playing field or recreational area where
12 sports activities are conducted; and "coach" means a person
13 recognized as a coach by the sanctioning authority that
14 conducted the sporting event.
15 (12) A person may not receive a disposition of court
16 supervision for a violation of Section 5-16 of the Boat
17 Registration and Safety Act if that person has previously
18 received a disposition of court supervision for a violation
19 of that Section.
20 (13) A person convicted of or placed on court
21 supervision for an assault or aggravated assault when the
22 victim and the offender are family or household members as
23 defined in Section 103 of the Illinois Domestic Violence
24 Act of 1986 or convicted of domestic battery or aggravated
25 domestic battery may be required to attend a Partner Abuse
26 Intervention Program under protocols set forth by the

SB2279- 104 -LRB098 03802 RLC 33818 b
1 Illinois Department of Human Services under such terms and
2 conditions imposed by the court. The costs of such classes
3 shall be paid by the offender.
4 (d) In any case in which a sentence originally imposed is
5vacated, the case shall be remanded to the trial court. The
6trial court shall hold a hearing under Section 5-4-1 of the
7Unified Code of Corrections which may include evidence of the
8defendant's life, moral character and occupation during the
9time since the original sentence was passed. The trial court
10shall then impose sentence upon the defendant. The trial court
11may impose any sentence which could have been imposed at the
12original trial subject to Section 5-5-4 of the Unified Code of
13Corrections. If a sentence is vacated on appeal or on
14collateral attack due to the failure of the trier of fact at
15trial to determine beyond a reasonable doubt the existence of a
16fact (other than a prior conviction) necessary to increase the
17punishment for the offense beyond the statutory maximum
18otherwise applicable, either the defendant may be re-sentenced
19to a term within the range otherwise provided or, if the State
20files notice of its intention to again seek the extended
21sentence, the defendant shall be afforded a new trial.
22 (e) In cases where prosecution for aggravated criminal
23sexual abuse under Section 11-1.60 or 12-16 of the Criminal
24Code of 1961 or the Criminal Code of 2012 results in conviction
25of a defendant who was a family member of the victim at the
26time of the commission of the offense, the court shall consider

SB2279- 105 -LRB098 03802 RLC 33818 b
1the safety and welfare of the victim and may impose a sentence
2of probation only where:
3 (1) the court finds (A) or (B) or both are appropriate:
4 (A) the defendant is willing to undergo a court
5 approved counseling program for a minimum duration of 2
6 years; or
7 (B) the defendant is willing to participate in a
8 court approved plan including but not limited to the
9 defendant's:
10 (i) removal from the household;
11 (ii) restricted contact with the victim;
12 (iii) continued financial support of the
13 family;
14 (iv) restitution for harm done to the victim;
15 and
16 (v) compliance with any other measures that
17 the court may deem appropriate; and
18 (2) the court orders the defendant to pay for the
19 victim's counseling services, to the extent that the court
20 finds, after considering the defendant's income and
21 assets, that the defendant is financially capable of paying
22 for such services, if the victim was under 18 years of age
23 at the time the offense was committed and requires
24 counseling as a result of the offense.
25 Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

SB2279- 106 -LRB098 03802 RLC 33818 b
1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
811-0.1 of the Criminal Code of 2012 1961.
9 (f) (Blank).
10 (g) Whenever a defendant is convicted of an offense under
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1211-14.3, 11-14.4 except for an offense that involves keeping a
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the defendant shall undergo medical
17testing to determine whether the defendant has any sexually
18transmissible disease, including a test for infection with
19human immunodeficiency virus (HIV) or any other identified
20causative agent of acquired immunodeficiency syndrome (AIDS).
21Any such medical test shall be performed only by appropriately
22licensed medical practitioners and may include an analysis of
23any bodily fluids as well as an examination of the defendant's
24person. Except as otherwise provided by law, the results of
25such test shall be kept strictly confidential by all medical
26personnel involved in the testing and must be personally

SB2279- 107 -LRB098 03802 RLC 33818 b
1delivered in a sealed envelope to the judge of the court in
2which the conviction was entered for the judge's inspection in
3camera. Acting in accordance with the best interests of the
4victim and the public, the judge shall have the discretion to
5determine to whom, if anyone, the results of the testing may be
6revealed. The court shall notify the defendant of the test
7results. The court shall also notify the victim if requested by
8the victim, and if the victim is under the age of 15 and if
9requested by the victim's parents or legal guardian, the court
10shall notify the victim's parents or legal guardian of the test
11results. The court shall provide information on the
12availability of HIV testing and counseling at Department of
13Public Health facilities to all parties to whom the results of
14the testing are revealed and shall direct the State's Attorney
15to provide the information to the victim when possible. A
16State's Attorney may petition the court to obtain the results
17of any HIV test administered under this Section, and the court
18shall grant the disclosure if the State's Attorney shows it is
19relevant in order to prosecute a charge of criminal
20transmission of HIV under Section 12-5.01 or 12-16.2 of the
21Criminal Code of 1961 or the Criminal Code of 2012 against the
22defendant. The court shall order that the cost of any such test
23shall be paid by the county and may be taxed as costs against
24the convicted defendant.
25 (g-5) When an inmate is tested for an airborne communicable
26disease, as determined by the Illinois Department of Public

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1Health including but not limited to tuberculosis, the results
2of the test shall be personally delivered by the warden or his
3or her designee in a sealed envelope to the judge of the court
4in which the inmate must appear for the judge's inspection in
5camera if requested by the judge. Acting in accordance with the
6best interests of those in the courtroom, the judge shall have
7the discretion to determine what if any precautions need to be
8taken to prevent transmission of the disease in the courtroom.
9 (h) Whenever a defendant is convicted of an offense under
10Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11defendant shall undergo medical testing to determine whether
12the defendant has been exposed to human immunodeficiency virus
13(HIV) or any other identified causative agent of acquired
14immunodeficiency syndrome (AIDS). Except as otherwise provided
15by law, the results of such test shall be kept strictly
16confidential by all medical personnel involved in the testing
17and must be personally delivered in a sealed envelope to the
18judge of the court in which the conviction was entered for the
19judge's inspection in camera. Acting in accordance with the
20best interests of the public, the judge shall have the
21discretion to determine to whom, if anyone, the results of the
22testing may be revealed. The court shall notify the defendant
23of a positive test showing an infection with the human
24immunodeficiency virus (HIV). The court shall provide
25information on the availability of HIV testing and counseling
26at Department of Public Health facilities to all parties to

SB2279- 109 -LRB098 03802 RLC 33818 b
1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. A State's Attorney may petition the court to
4obtain the results of any HIV test administered under this
5Section, and the court shall grant the disclosure if the
6State's Attorney shows it is relevant in order to prosecute a
7charge of criminal transmission of HIV under Section 12-5.01 or
812-16.2 of the Criminal Code of 1961 or the Criminal Code of
92012 against the defendant. The court shall order that the cost
10of any such test shall be paid by the county and may be taxed as
11costs against the convicted defendant.
12 (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under Section 27.5
18of the Clerks of Courts Act.
19 (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

SB2279- 110 -LRB098 03802 RLC 33818 b
1any violation of the Methamphetamine Control and Community
2Protection Act results in conviction, a disposition of court
3supervision, or an order of probation granted under Section 10
4of the Cannabis Control Act, Section 410 of the Illinois
5Controlled Substance Act, or Section 70 of the Methamphetamine
6Control and Community Protection Act of a defendant, the court
7shall determine whether the defendant is employed by a facility
8or center as defined under the Child Care Act of 1969, a public
9or private elementary or secondary school, or otherwise works
10with children under 18 years of age on a daily basis. When a
11defendant is so employed, the court shall order the Clerk of
12the Court to send a copy of the judgment of conviction or order
13of supervision or probation to the defendant's employer by
14certified mail. If the employer of the defendant is a school,
15the Clerk of the Court shall direct the mailing of a copy of
16the judgment of conviction or order of supervision or probation
17to the appropriate regional superintendent of schools. The
18regional superintendent of schools shall notify the State Board
19of Education of any notification under this subsection.
20 (j-5) A defendant at least 17 years of age who is convicted
21of a felony and who has not been previously convicted of a
22misdemeanor or felony and who is sentenced to a term of
23imprisonment in the Illinois Department of Corrections shall as
24a condition of his or her sentence be required by the court to
25attend educational courses designed to prepare the defendant
26for a high school diploma and to work toward a high school

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1diploma or to work toward passing the high school level Test of
2General Educational Development (GED) or to work toward
3completing a vocational training program offered by the
4Department of Corrections. If a defendant fails to complete the
5educational training required by his or her sentence during the
6term of incarceration, the Prisoner Review Board shall, as a
7condition of mandatory supervised release, require the
8defendant, at his or her own expense, to pursue a course of
9study toward a high school diploma or passage of the GED test.
10The Prisoner Review Board shall revoke the mandatory supervised
11release of a defendant who wilfully fails to comply with this
12subsection (j-5) upon his or her release from confinement in a
13penal institution while serving a mandatory supervised release
14term; however, the inability of the defendant after making a
15good faith effort to obtain financial aid or pay for the
16educational training shall not be deemed a wilful failure to
17comply. The Prisoner Review Board shall recommit the defendant
18whose mandatory supervised release term has been revoked under
19this subsection (j-5) as provided in Section 3-3-9. This
20subsection (j-5) does not apply to a defendant who has a high
21school diploma or has successfully passed the GED test. This
22subsection (j-5) does not apply to a defendant who is
23determined by the court to be developmentally disabled or
24otherwise mentally incapable of completing the educational or
25vocational program.
26 (k) (Blank).

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1 (l) (A) Except as provided in paragraph (C) of subsection
2 (l), whenever a defendant, who is an alien as defined by
3 the Immigration and Nationality Act, is convicted of any
4 felony or misdemeanor offense, the court after sentencing
5 the defendant may, upon motion of the State's Attorney,
6 hold sentence in abeyance and remand the defendant to the
7 custody of the Attorney General of the United States or his
8 or her designated agent to be deported when:
9 (1) a final order of deportation has been issued
10 against the defendant pursuant to proceedings under
11 the Immigration and Nationality Act, and
12 (2) the deportation of the defendant would not
13 deprecate the seriousness of the defendant's conduct
14 and would not be inconsistent with the ends of justice.
15 Otherwise, the defendant shall be sentenced as
16 provided in this Chapter V.
17 (B) If the defendant has already been sentenced for a
18 felony or misdemeanor offense, or has been placed on
19 probation under Section 10 of the Cannabis Control Act,
20 Section 410 of the Illinois Controlled Substances Act, or
21 Section 70 of the Methamphetamine Control and Community
22 Protection Act, the court may, upon motion of the State's
23 Attorney to suspend the sentence imposed, commit the
24 defendant to the custody of the Attorney General of the
25 United States or his or her designated agent when:
26 (1) a final order of deportation has been issued

SB2279- 113 -LRB098 03802 RLC 33818 b
1 against the defendant pursuant to proceedings under
2 the Immigration and Nationality Act, and
3 (2) the deportation of the defendant would not
4 deprecate the seriousness of the defendant's conduct
5 and would not be inconsistent with the ends of justice.
6 (C) This subsection (l) does not apply to offenders who
7 are subject to the provisions of paragraph (2) of
8 subsection (a) of Section 3-6-3.
9 (D) Upon motion of the State's Attorney, if a defendant
10 sentenced under this Section returns to the jurisdiction of
11 the United States, the defendant shall be recommitted to
12 the custody of the county from which he or she was
13 sentenced. Thereafter, the defendant shall be brought
14 before the sentencing court, which may impose any sentence
15 that was available under Section 5-5-3 at the time of
16 initial sentencing. In addition, the defendant shall not be
17 eligible for additional sentence credit for good conduct as
18 provided under Section 3-6-3.
19 (m) A person convicted of criminal defacement of property
20under Section 21-1.3 of the Criminal Code of 1961 or the
21Criminal Code of 2012, in which the property damage exceeds
22$300 and the property damaged is a school building, shall be
23ordered to perform community service that may include cleanup,
24removal, or painting over the defacement.
25 (n) The court may sentence a person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

SB2279- 114 -LRB098 03802 RLC 33818 b
1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 (i) to an impact
3incarceration program if the person is otherwise eligible for
4that program under Section 5-8-1.1, (ii) to community service,
5or (iii) if the person is an addict or alcoholic, as defined in
6the Alcoholism and Other Drug Abuse and Dependency Act, to a
7substance or alcohol abuse program licensed under that Act.
8 (o) Whenever a person is convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act, the
10defendant's driver's license or permit shall be subject to
11renewal on an annual basis in accordance with the provisions of
12license renewal established by the Secretary of State.
13(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1496-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
151, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
16eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1797-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
188-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised
199-20-12.)
20 (730 ILCS 5/5-5-3.2)
21 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
22Sentencing.
23 (a) The following factors shall be accorded weight in favor
24of imposing a term of imprisonment or may be considered by the
25court as reasons to impose a more severe sentence under Section

SB2279- 115 -LRB098 03802 RLC 33818 b
15-8-1 or Article 4.5 of Chapter V:
2 (1) the defendant's conduct caused or threatened
3 serious harm;
4 (2) the defendant received compensation for committing
5 the offense;
6 (3) the defendant has a history of prior delinquency or
7 criminal activity;
8 (4) the defendant, by the duties of his office or by
9 his position, was obliged to prevent the particular offense
10 committed or to bring the offenders committing it to
11 justice;
12 (5) the defendant held public office at the time of the
13 offense, and the offense related to the conduct of that
14 office;
15 (6) the defendant utilized his professional reputation
16 or position in the community to commit the offense, or to
17 afford him an easier means of committing it;
18 (7) the sentence is necessary to deter others from
19 committing the same crime;
20 (8) the defendant committed the offense against a
21 person 60 years of age or older or such person's property;
22 (9) the defendant committed the offense against a
23 person who is physically handicapped or such person's
24 property;
25 (10) by reason of another individual's actual or
26 perceived race, color, creed, religion, ancestry, gender,

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1 sexual orientation, physical or mental disability, or
2 national origin, the defendant committed the offense
3 against (i) the person or property of that individual; (ii)
4 the person or property of a person who has an association
5 with, is married to, or has a friendship with the other
6 individual; or (iii) the person or property of a relative
7 (by blood or marriage) of a person described in clause (i)
8 or (ii). For the purposes of this Section, "sexual
9 orientation" means heterosexuality, homosexuality, or
10 bisexuality;
11 (11) the offense took place in a place of worship or on
12 the grounds of a place of worship, immediately prior to,
13 during or immediately following worship services. For
14 purposes of this subparagraph, "place of worship" shall
15 mean any church, synagogue or other building, structure or
16 place used primarily for religious worship;
17 (12) the defendant was convicted of a felony committed
18 while he was released on bail or his own recognizance
19 pending trial for a prior felony and was convicted of such
20 prior felony, or the defendant was convicted of a felony
21 committed while he was serving a period of probation,
22 conditional discharge, or mandatory supervised release
23 under subsection (d) of Section 5-8-1 for a prior felony;
24 (13) the defendant committed or attempted to commit a
25 felony while he was wearing a bulletproof vest. For the
26 purposes of this paragraph (13), a bulletproof vest is any

SB2279- 117 -LRB098 03802 RLC 33818 b
1 device which is designed for the purpose of protecting the
2 wearer from bullets, shot or other lethal projectiles;
3 (14) the defendant held a position of trust or
4 supervision such as, but not limited to, family member as
5 defined in Section 11-0.1 of the Criminal Code of 2012
6 1961, teacher, scout leader, baby sitter, or day care
7 worker, in relation to a victim under 18 years of age, and
8 the defendant committed an offense in violation of Section
9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
10 11-14.4 except for an offense that involves keeping a place
11 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
12 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
13 or 12-16 of the Criminal Code of 1961 or the Criminal Code
14 of 2012 against that victim;
15 (15) the defendant committed an offense related to the
16 activities of an organized gang. For the purposes of this
17 factor, "organized gang" has the meaning ascribed to it in
18 Section 10 of the Streetgang Terrorism Omnibus Prevention
19 Act;
20 (16) the defendant committed an offense in violation of
21 one of the following Sections while in a school, regardless
22 of the time of day or time of year; on any conveyance
23 owned, leased, or contracted by a school to transport
24 students to or from school or a school related activity; on
25 the real property of a school; or on a public way within
26 1,000 feet of the real property comprising any school:

SB2279- 118 -LRB098 03802 RLC 33818 b
1 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
2 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
3 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
4 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
5 18-2, or 33A-2, or Section 12-3.05 except for subdivision
6 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
7 Criminal Code of 2012;
8 (16.5) the defendant committed an offense in violation
9 of one of the following Sections while in a day care
10 center, regardless of the time of day or time of year; on
11 the real property of a day care center, regardless of the
12 time of day or time of year; or on a public way within
13 1,000 feet of the real property comprising any day care
14 center, regardless of the time of day or time of year:
15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19 18-2, or 33A-2, or Section 12-3.05 except for subdivision
20 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21 Criminal Code of 2012;
22 (17) the defendant committed the offense by reason of
23 any person's activity as a community policing volunteer or
24 to prevent any person from engaging in activity as a
25 community policing volunteer. For the purpose of this
26 Section, "community policing volunteer" has the meaning

SB2279- 119 -LRB098 03802 RLC 33818 b
1 ascribed to it in Section 2-3.5 of the Criminal Code of
2 2012 1961;
3 (18) the defendant committed the offense in a nursing
4 home or on the real property comprising a nursing home. For
5 the purposes of this paragraph (18), "nursing home" means a
6 skilled nursing or intermediate long term care facility
7 that is subject to license by the Illinois Department of
8 Public Health under the Nursing Home Care Act, the
9 Specialized Mental Health Rehabilitation Act, or the ID/DD
10 Community Care Act;
11 (19) the defendant was a federally licensed firearm
12 dealer and was previously convicted of a violation of
13 subsection (a) of Section 3 of the Firearm Owners
14 Identification Card Act before its repeal by this
15 amendatory Act of the 98th General Assembly and has now
16 committed either a felony violation of the Firearm Owners
17 Identification Card Act or an act of armed violence while
18 armed with a firearm;
19 (20) the defendant (i) committed the offense of
20 reckless homicide under Section 9-3 of the Criminal Code of
21 1961 or the Criminal Code of 2012 or the offense of driving
22 under the influence of alcohol, other drug or drugs,
23 intoxicating compound or compounds or any combination
24 thereof under Section 11-501 of the Illinois Vehicle Code
25 or a similar provision of a local ordinance and (ii) was
26 operating a motor vehicle in excess of 20 miles per hour

SB2279- 120 -LRB098 03802 RLC 33818 b
1 over the posted speed limit as provided in Article VI of
2 Chapter 11 of the Illinois Vehicle Code;
3 (21) the defendant (i) committed the offense of
4 reckless driving or aggravated reckless driving under
5 Section 11-503 of the Illinois Vehicle Code and (ii) was
6 operating a motor vehicle in excess of 20 miles per hour
7 over the posted speed limit as provided in Article VI of
8 Chapter 11 of the Illinois Vehicle Code;
9 (22) the defendant committed the offense against a
10 person that the defendant knew, or reasonably should have
11 known, was a member of the Armed Forces of the United
12 States serving on active duty. For purposes of this clause
13 (22), the term "Armed Forces" means any of the Armed Forces
14 of the United States, including a member of any reserve
15 component thereof or National Guard unit called to active
16 duty;
17 (23) the defendant committed the offense against a
18 person who was elderly, disabled, or infirm by taking
19 advantage of a family or fiduciary relationship with the
20 elderly, disabled, or infirm person;
21 (24) the defendant committed any offense under Section
22 11-20.1 of the Criminal Code of 1961 or the Criminal Code
23 of 2012 and possessed 100 or more images;
24 (25) the defendant committed the offense while the
25 defendant or the victim was in a train, bus, or other
26 vehicle used for public transportation;

SB2279- 121 -LRB098 03802 RLC 33818 b
1 (26) the defendant committed the offense of child
2 pornography or aggravated child pornography, specifically
3 including paragraph (1), (2), (3), (4), (5), or (7) of
4 subsection (a) of Section 11-20.1 of the Criminal Code of
5 1961 or the Criminal Code of 2012 where a child engaged in,
6 solicited for, depicted in, or posed in any act of sexual
7 penetration or bound, fettered, or subject to sadistic,
8 masochistic, or sadomasochistic abuse in a sexual context
9 and specifically including paragraph (1), (2), (3), (4),
10 (5), or (7) of subsection (a) of Section 11-20.1B or
11 11-20.3 of the Criminal Code of 1961 where a child engaged
12 in, solicited for, depicted in, or posed in any act of
13 sexual penetration or bound, fettered, or subject to
14 sadistic, masochistic, or sadomasochistic abuse in a
15 sexual context;
16 (27) the defendant committed the offense of first
17 degree murder, assault, aggravated assault, battery,
18 aggravated battery, robbery, armed robbery, or aggravated
19 robbery against a person who was a veteran and the
20 defendant knew, or reasonably should have known, that the
21 person was a veteran performing duties as a representative
22 of a veterans' organization. For the purposes of this
23 paragraph (27), "veteran" means an Illinois resident who
24 has served as a member of the United States Armed Forces, a
25 member of the Illinois National Guard, or a member of the
26 United States Reserve Forces; and "veterans' organization"

SB2279- 122 -LRB098 03802 RLC 33818 b
1 means an organization comprised of members of which
2 substantially all are individuals who are veterans or
3 spouses, widows, or widowers of veterans, the primary
4 purpose of which is to promote the welfare of its members
5 and to provide assistance to the general public in such a
6 way as to confer a public benefit; or
7 (28) the defendant committed the offense of assault,
8 aggravated assault, battery, aggravated battery, robbery,
9 armed robbery, or aggravated robbery against a person that
10 the defendant knew or reasonably should have known was a
11 letter carrier or postal worker while that person was
12 performing his or her duties delivering mail for the United
13 States Postal Service.
14 For the purposes of this Section:
15 "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17 "Day care center" means a public or private State certified
18and licensed day care center as defined in Section 2.09 of the
19Child Care Act of 1969 that displays a sign in plain view
20stating that the property is a day care center.
21 "Public transportation" means the transportation or
22conveyance of persons by means available to the general public,
23and includes paratransit services.
24 (b) The following factors, related to all felonies, may be
25considered by the court as reasons to impose an extended term
26sentence under Section 5-8-2 upon any offender:

SB2279- 123 -LRB098 03802 RLC 33818 b
1 (1) When a defendant is convicted of any felony, after
2 having been previously convicted in Illinois or any other
3 jurisdiction of the same or similar class felony or greater
4 class felony, when such conviction has occurred within 10
5 years after the previous conviction, excluding time spent
6 in custody, and such charges are separately brought and
7 tried and arise out of different series of acts; or
8 (2) When a defendant is convicted of any felony and the
9 court finds that the offense was accompanied by
10 exceptionally brutal or heinous behavior indicative of
11 wanton cruelty; or
12 (3) When a defendant is convicted of any felony
13 committed against:
14 (i) a person under 12 years of age at the time of
15 the offense or such person's property;
16 (ii) a person 60 years of age or older at the time
17 of the offense or such person's property; or
18 (iii) a person physically handicapped at the time
19 of the offense or such person's property; or
20 (4) When a defendant is convicted of any felony and the
21 offense involved any of the following types of specific
22 misconduct committed as part of a ceremony, rite,
23 initiation, observance, performance, practice or activity
24 of any actual or ostensible religious, fraternal, or social
25 group:
26 (i) the brutalizing or torturing of humans or

SB2279- 124 -LRB098 03802 RLC 33818 b
1 animals;
2 (ii) the theft of human corpses;
3 (iii) the kidnapping of humans;
4 (iv) the desecration of any cemetery, religious,
5 fraternal, business, governmental, educational, or
6 other building or property; or
7 (v) ritualized abuse of a child; or
8 (5) When a defendant is convicted of a felony other
9 than conspiracy and the court finds that the felony was
10 committed under an agreement with 2 or more other persons
11 to commit that offense and the defendant, with respect to
12 the other individuals, occupied a position of organizer,
13 supervisor, financier, or any other position of management
14 or leadership, and the court further finds that the felony
15 committed was related to or in furtherance of the criminal
16 activities of an organized gang or was motivated by the
17 defendant's leadership in an organized gang; or
18 (6) When a defendant is convicted of an offense
19 committed while using a firearm with a laser sight attached
20 to it. For purposes of this paragraph, "laser sight" has
21 the meaning ascribed to it in Section 26-7 of the Criminal
22 Code of 2012 1961; or
23 (7) When a defendant who was at least 17 years of age
24 at the time of the commission of the offense is convicted
25 of a felony and has been previously adjudicated a
26 delinquent minor under the Juvenile Court Act of 1987 for

SB2279- 125 -LRB098 03802 RLC 33818 b
1 an act that if committed by an adult would be a Class X or
2 Class 1 felony when the conviction has occurred within 10
3 years after the previous adjudication, excluding time
4 spent in custody; or
5 (8) When a defendant commits any felony and the
6 defendant used, possessed, exercised control over, or
7 otherwise directed an animal to assault a law enforcement
8 officer engaged in the execution of his or her official
9 duties or in furtherance of the criminal activities of an
10 organized gang in which the defendant is engaged.
11 (c) The following factors may be considered by the court as
12reasons to impose an extended term sentence under Section 5-8-2
13(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
14 (1) When a defendant is convicted of first degree
15 murder, after having been previously convicted in Illinois
16 of any offense listed under paragraph (c)(2) of Section
17 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
18 within 10 years after the previous conviction, excluding
19 time spent in custody, and the charges are separately
20 brought and tried and arise out of different series of
21 acts.
22 (1.5) When a defendant is convicted of first degree
23 murder, after having been previously convicted of domestic
24 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
25 (720 ILCS 5/12-3.3) committed on the same victim or after
26 having been previously convicted of violation of an order

SB2279- 126 -LRB098 03802 RLC 33818 b
1 of protection (720 ILCS 5/12-30) in which the same victim
2 was the protected person.
3 (2) When a defendant is convicted of voluntary
4 manslaughter, second degree murder, involuntary
5 manslaughter, or reckless homicide in which the defendant
6 has been convicted of causing the death of more than one
7 individual.
8 (3) When a defendant is convicted of aggravated
9 criminal sexual assault or criminal sexual assault, when
10 there is a finding that aggravated criminal sexual assault
11 or criminal sexual assault was also committed on the same
12 victim by one or more other individuals, and the defendant
13 voluntarily participated in the crime with the knowledge of
14 the participation of the others in the crime, and the
15 commission of the crime was part of a single course of
16 conduct during which there was no substantial change in the
17 nature of the criminal objective.
18 (4) If the victim was under 18 years of age at the time
19 of the commission of the offense, when a defendant is
20 convicted of aggravated criminal sexual assault or
21 predatory criminal sexual assault of a child under
22 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
23 of Section 12-14.1 of the Criminal Code of 1961 or the
24 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
25 (5) When a defendant is convicted of a felony violation
26 of Section 24-1 of the Criminal Code of 1961 or the

SB2279- 127 -LRB098 03802 RLC 33818 b
1 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
2 finding that the defendant is a member of an organized
3 gang.
4 (6) When a defendant was convicted of unlawful use of
5 weapons under Section 24-1 of the Criminal Code of 1961 or
6 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
7 a weapon that is not readily distinguishable as one of the
8 weapons enumerated in Section 24-1 of the Criminal Code of
9 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
10 (7) When a defendant is convicted of an offense
11 involving the illegal manufacture of a controlled
12 substance under Section 401 of the Illinois Controlled
13 Substances Act (720 ILCS 570/401), the illegal manufacture
14 of methamphetamine under Section 25 of the Methamphetamine
15 Control and Community Protection Act (720 ILCS 646/25), or
16 the illegal possession of explosives and an emergency
17 response officer in the performance of his or her duties is
18 killed or injured at the scene of the offense while
19 responding to the emergency caused by the commission of the
20 offense. In this paragraph, "emergency" means a situation
21 in which a person's life, health, or safety is in jeopardy;
22 and "emergency response officer" means a peace officer,
23 community policing volunteer, fireman, emergency medical
24 technician-ambulance, emergency medical
25 technician-intermediate, emergency medical
26 technician-paramedic, ambulance driver, other medical

SB2279- 128 -LRB098 03802 RLC 33818 b
1 assistance or first aid personnel, or hospital emergency
2 room personnel.
3 (d) For the purposes of this Section, "organized gang" has
4the meaning ascribed to it in Section 10 of the Illinois
5Streetgang Terrorism Omnibus Prevention Act.
6 (e) The court may impose an extended term sentence under
7Article 4.5 of Chapter V upon an offender who has been
8convicted of a felony violation of Section 11-1.20, 11-1.30,
911-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1012-16 of the Criminal Code of 1961 or the Criminal Code of 2012
11when the victim of the offense is under 18 years of age at the
12time of the commission of the offense and, during the
13commission of the offense, the victim was under the influence
14of alcohol, regardless of whether or not the alcohol was
15supplied by the offender; and the offender, at the time of the
16commission of the offense, knew or should have known that the
17victim had consumed alcohol.
18(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
19eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
2096-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
211-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
22Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
2397-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
2497-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.)
25 Section 70. The Stalking No Contact Order Act is amended by

SB2279- 129 -LRB098 03802 RLC 33818 b
1changing Section 80 as follows:
2 (740 ILCS 21/80)
3 Sec. 80. Stalking no contact orders; remedies.
4 (a) If the court finds that the petitioner has been a
5victim of stalking, a stalking no contact order shall issue;
6provided that the petitioner must also satisfy the requirements
7of Section 95 on emergency orders or Section 100 on plenary
8orders. The petitioner shall not be denied a stalking no
9contact order because the petitioner or the respondent is a
10minor. The court, when determining whether or not to issue a
11stalking no contact order, may not require physical injury on
12the person of the petitioner. Modification and extension of
13prior stalking no contact orders shall be in accordance with
14this Act.
15 (b) A stalking no contact order shall order one or more of
16the following:
17 (1) prohibit the respondent from threatening to commit
18 or committing stalking;
19 (2) order the respondent not to have any contact with
20 the petitioner or a third person specifically named by the
21 court;
22 (3) prohibit the respondent from knowingly coming
23 within, or knowingly remaining within a specified distance
24 of the petitioner or the petitioner's residence, school,
25 daycare, or place of employment, or any specified place

SB2279- 130 -LRB098 03802 RLC 33818 b
1 frequented by the petitioner; however, the court may order
2 the respondent to stay away from the respondent's own
3 residence, school, or place of employment only if the
4 respondent has been provided actual notice of the
5 opportunity to appear and be heard on the petition;
6 (4) prohibit the respondent from possessing a Firearm
7 Owners Identification Card, or possessing or buying
8 firearms; and
9 (5) order other injunctive relief the court determines
10 to be necessary to protect the petitioner or third party
11 specifically named by the court.
12 (b-5) When the petitioner and the respondent attend the
13same public, private, or non-public elementary, middle, or high
14school, the court when issuing a stalking no contact order and
15providing relief shall consider the severity of the act, any
16continuing physical danger or emotional distress to the
17petitioner, the educational rights guaranteed to the
18petitioner and respondent under federal and State law, the
19availability of a transfer of the respondent to another school,
20a change of placement or a change of program of the respondent,
21the expense, difficulty, and educational disruption that would
22be caused by a transfer of the respondent to another school,
23and any other relevant facts of the case. The court may order
24that the respondent not attend the public, private, or
25non-public elementary, middle, or high school attended by the
26petitioner, order that the respondent accept a change of

SB2279- 131 -LRB098 03802 RLC 33818 b
1placement or program, as determined by the school district or
2private or non-public school, or place restrictions on the
3respondent's movements within the school attended by the
4petitioner. The respondent bears the burden of proving by a
5preponderance of the evidence that a transfer, change of
6placement, or change of program of the respondent is not
7available. The respondent also bears the burden of production
8with respect to the expense, difficulty, and educational
9disruption that would be caused by a transfer of the respondent
10to another school. A transfer, change of placement, or change
11of program is not unavailable to the respondent solely on the
12ground that the respondent does not agree with the school
13district's or private or non-public school's transfer, change
14of placement, or change of program or solely on the ground that
15the respondent fails or refuses to consent to or otherwise does
16not take an action required to effectuate a transfer, change of
17placement, or change of program. When a court orders a
18respondent to stay away from the public, private, or non-public
19school attended by the petitioner and the respondent requests a
20transfer to another attendance center within the respondent's
21school district or private or non-public school, the school
22district or private or non-public school shall have sole
23discretion to determine the attendance center to which the
24respondent is transferred. In the event the court order results
25in a transfer of the minor respondent to another attendance
26center, a change in the respondent's placement, or a change of

SB2279- 132 -LRB098 03802 RLC 33818 b
1the respondent's program, the parents, guardian, or legal
2custodian of the respondent is responsible for transportation
3and other costs associated with the transfer or change.
4 (b-6) The court may order the parents, guardian, or legal
5custodian of a minor respondent to take certain actions or to
6refrain from taking certain actions to ensure that the
7respondent complies with the order. In the event the court
8orders a transfer of the respondent to another school, the
9parents, guardian, or legal custodian of the respondent are
10responsible for transportation and other costs associated with
11the change of school by the respondent.
12 (b-7) The court shall not hold a school district or private
13or non-public school or any of its employees in civil or
14criminal contempt unless the school district or private or
15non-public school has been allowed to intervene.
16 (b-8) The court may hold the parents, guardian, or legal
17custodian of a minor respondent in civil or criminal contempt
18for a violation of any provision of any order entered under
19this Act for conduct of the minor respondent in violation of
20this Act if the parents, guardian, or legal custodian directed,
21encouraged, or assisted the respondent minor in such conduct.
22 (c) The court may award the petitioner costs and attorneys
23fees if a stalking no contact order is granted.
24 (d) Monetary damages are not recoverable as a remedy.
25 (e) If the stalking no contact order prohibits the
26respondent from possessing a Firearm Owner's Identification

SB2279- 133 -LRB098 03802 RLC 33818 b
1Card, or possessing or buying firearms; the court shall
2confiscate the respondent's Firearm Owner's Identification
3Card and immediately return the card to the Department of State
4Police Firearm Owner's Identification Card Office.
5(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
697-1131, eff. 1-1-13.)
7 Section 75. The Mental Health and Developmental
8Disabilities Confidentiality Act is amended by changing
9Section 12 as follows:
10 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
11 Sec. 12. (a) If the United States Secret Service or the
12Department of State Police requests information from a mental
13health or developmental disability facility, as defined in
14Section 1-107 and 1-114 of the Mental Health and Developmental
15Disabilities Code, relating to a specific recipient and the
16facility director determines that disclosure of such
17information may be necessary to protect the life of, or to
18prevent the infliction of great bodily harm to, a public
19official, or a person under the protection of the United States
20Secret Service, only the following information may be
21disclosed: the recipient's name, address, and age and the date
22of any admission to or discharge from a facility; and any
23information which would indicate whether or not the recipient
24has a history of violence or presents a danger of violence to

SB2279- 134 -LRB098 03802 RLC 33818 b
1the person under protection. Any information so disclosed shall
2be used for investigative purposes only and shall not be
3publicly disseminated. Any person participating in good faith
4in the disclosure of such information in accordance with this
5provision shall have immunity from any liability, civil,
6criminal or otherwise, if such information is disclosed relying
7upon the representation of an officer of the United States
8Secret Service or the Department of State Police that a person
9is under the protection of the United States Secret Service or
10is a public official.
11 For the purpose of this subsection (a), the term "public
12official" means the Governor, Lieutenant Governor, Attorney
13General, Secretary of State, State Comptroller, State
14Treasurer, member of the General Assembly, member of the United
15States Congress, Judge of the United States as defined in 28
16U.S.C. 451, Justice of the United States as defined in 28
17U.S.C. 451, United States Magistrate Judge as defined in 28
18U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
19Supreme, Appellate, Circuit, or Associate Judge of the State of
20Illinois. The term shall also include the spouse, child or
21children of a public official.
22 (b) The Department of Human Services (acting as successor
23to the Department of Mental Health and Developmental
24Disabilities) and all public or private hospitals and mental
25health facilities are required, as hereafter described in this
26subsection, to furnish the Department of State Police only such

SB2279- 135 -LRB098 03802 RLC 33818 b
1information as may be required for the sole purpose of
2determining whether an individual who may be or may have been a
3patient is disqualified because of that status from receiving
4or retaining a firearm under paragraph (4) of subsection (a) of
5Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
6Identification Card under subsection (e) or (f) of Section 8 of
7the Firearm Owners Identification Card Act or 18 U.S.C. 922(g)
8and (n). All public or private hospitals and mental health
9facilities shall, in the form and manner required by the
10Department, provide such information as shall be necessary for
11the Department to comply with the reporting requirements to the
12Department of State Police. Such information shall be furnished
13within 7 days after admission to a public or private hospital
14or mental health facility or the provision of services to a
15patient described in clause (2) of this subsection (b). Any
16such information disclosed under this subsection shall remain
17privileged and confidential, and shall not be redisclosed,
18except as required by clause (e)(2) of Section 24-4.5 of the
19Criminal Code of 2012 3.1 of the Firearm Owners Identification
20Card Act, nor utilized for any other purpose. The method of
21requiring the providing of such information shall guarantee
22that no information is released beyond what is necessary for
23this purpose. In addition, the information disclosed shall be
24provided by the Department within the time period established
25by Section 24-3 of the Criminal Code of 1961 or the Criminal
26Code of 2012 regarding the delivery of firearms. The method

SB2279- 136 -LRB098 03802 RLC 33818 b
1used shall be sufficient to provide the necessary information
2within the prescribed time period, which may include
3periodically providing lists to the Department of Human
4Services or any public or private hospital or mental health
5facility of Firearm Owner's Identification Card applicants for
6firearm purchases on which the Department or hospital shall
7indicate the identities of those individuals who are to its
8knowledge disqualified from having a firearm Firearm Owner's
9Identification Card for reasons described herein. The
10Department may provide for a centralized source of information
11for the State on this subject under its jurisdiction.
12 Any person, institution, or agency, under this Act,
13participating in good faith in the reporting or disclosure of
14records and communications otherwise in accordance with this
15provision or with rules, regulations or guidelines issued by
16the Department shall have immunity from any liability, civil,
17criminal or otherwise, that might result by reason of the
18action. For the purpose of any proceeding, civil or criminal,
19arising out of a report or disclosure in accordance with this
20provision, the good faith of any person, institution, or agency
21so reporting or disclosing shall be presumed. The full extent
22of the immunity provided in this subsection (b) shall apply to
23any person, institution or agency that fails to make a report
24or disclosure in the good faith belief that the report or
25disclosure would violate federal regulations governing the
26confidentiality of alcohol and drug abuse patient records

SB2279- 137 -LRB098 03802 RLC 33818 b
1implementing 42 U.S.C. 290dd-3 and 290ee-3.
2 For purposes of this subsection (b) only, the following
3terms shall have the meaning prescribed:
4 (1) "Hospital" means only that type of institution
5 which is providing full-time residential facilities and
6 treatment.
7 (2) "Patient" shall include only: (i) a person who is
8 an in-patient or resident of any public or private hospital
9 or mental health facility or (ii) a person who is an
10 out-patient or provided services by a public or private
11 hospital or mental health facility whose mental condition
12 is of such a nature that it is manifested by violent,
13 suicidal, threatening, or assaultive behavior or reported
14 behavior, for which there is a reasonable belief by a
15 physician, clinical psychologist, or qualified examiner
16 that the condition poses a clear and present or imminent
17 danger to the patient, any other person or the community
18 meaning the patient's condition poses a clear and present
19 danger in accordance with subsection (f) of Section 8 of
20 the Firearm Owners Identification Card Act. The terms
21 physician, clinical psychologist, and qualified examiner
22 are defined in Sections 1-120, 1-103, and 1-122 of the
23 Mental Health and Developmental Disabilities Code.
24 (3) "Mental health facility" is defined by Section
25 1-114 of the Mental Health and Developmental Disabilities
26 Code.

SB2279- 138 -LRB098 03802 RLC 33818 b
1 (c) Upon the request of a peace officer who takes a person
2into custody and transports such person to a mental health or
3developmental disability facility pursuant to Section 3-606 or
44-404 of the Mental Health and Developmental Disabilities Code
5or who transports a person from such facility, a facility
6director shall furnish said peace officer the name, address,
7age and name of the nearest relative of the person transported
8to or from the mental health or developmental disability
9facility. In no case shall the facility director disclose to
10the peace officer any information relating to the diagnosis,
11treatment or evaluation of the person's mental or physical
12health.
13 For the purposes of this subsection (c), the terms "mental
14health or developmental disability facility", "peace officer"
15and "facility director" shall have the meanings ascribed to
16them in the Mental Health and Developmental Disabilities Code.
17 (d) Upon the request of a peace officer or prosecuting
18authority who is conducting a bona fide investigation of a
19criminal offense, or attempting to apprehend a fugitive from
20justice, a facility director may disclose whether a person is
21present at the facility. Upon request of a peace officer or
22prosecuting authority who has a valid forcible felony warrant
23issued, a facility director shall disclose: (1) whether the
24person who is the subject of the warrant is present at the
25facility and (2) the date of that person's discharge or future
26discharge from the facility. The requesting peace officer or

SB2279- 139 -LRB098 03802 RLC 33818 b
1prosecuting authority must furnish a case number and the
2purpose of the investigation or an outstanding arrest warrant
3at the time of the request. Any person, institution, or agency
4participating in good faith in disclosing such information in
5accordance with this subsection (d) is immune from any
6liability, civil, criminal or otherwise, that might result by
7reason of the action.
8(Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
9 Section 80. The Uniform Disposition of Unclaimed Property
10Act is amended by changing Section 1 as follows:
11 (765 ILCS 1025/1) (from Ch. 141, par. 101)
12 Sec. 1. As used in this Act, unless the context otherwise
13requires:
14 (a) "Banking organization" means any bank, trust company,
15savings bank, industrial bank, land bank, safe deposit company,
16or a private banker.
17 (b) "Business association" means any corporation, joint
18stock company, business trust, partnership, or any
19association, limited liability company, or other business
20entity consisting of one or more persons, whether or not for
21profit.
22 (c) "Financial organization" means any savings and loan
23association, building and loan association, credit union,
24currency exchange, co-operative bank, mutual funds, or

SB2279- 140 -LRB098 03802 RLC 33818 b
1investment company.
2 (d) "Holder" means any person in possession of property
3subject to this Act belonging to another, or who is trustee in
4case of a trust, or is indebted to another on an obligation
5subject to this Act.
6 (e) "Life insurance corporation" means any association or
7corporation transacting the business of insurance on the lives
8of persons or insurance appertaining thereto, including, but
9not by way of limitation, endowments and annuities.
10 (f) "Owner" means a depositor in case of a deposit, a
11beneficiary in case of a trust, a creditor, claimant, or payee
12in case of other property, or any person having a legal or
13equitable interest in property subject to this Act, or his
14legal representative.
15 (g) "Person" means any individual, business association,
16financial organization, government or political subdivision or
17agency, public authority, estate, trust, or any other legal or
18commercial entity.
19 (h) "Utility" means any person who owns or operates, for
20public use, any plant, equipment, property, franchise, or
21license for the transmission of communications or the
22production, storage, transmission, sale, delivery, or
23furnishing of electricity, water, steam, oil or gas.
24 (i) (Blank).
25 (j) "Insurance company" means any person transacting the
26kinds of business enumerated in Section 4 of the Illinois

SB2279- 141 -LRB098 03802 RLC 33818 b
1Insurance Code other than life insurance.
2 (k) "Economic loss", as used in Sections 2a and 9 of this
3Act includes, but is not limited to, delivery charges,
4mark-downs and write-offs, carrying costs, restocking charges,
5lay-aways, special orders, issuance of credit memos, and the
6costs of special services or goods provided that reduce the
7property value or that result in lost sales opportunity.
8 (l) "Reportable property" means property, tangible or
9intangible, presumed abandoned under this Act that must be
10appropriately and timely reported and remitted to the Office of
11the State Treasurer under this Act. Interest, dividends, stock
12splits, warrants, or other rights that become reportable
13property under this Act include the underlying security or
14commodity giving rise to the interest, dividend, split,
15warrant, or other right to which the owner would be entitled.
16 (m) "Firearm" has the meaning ascribed to that term in
17Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
18Identification Card Act.
19(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
20eff. 6-2-00.)

SB2279- 142 -LRB098 03802 RLC 33818 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-120 rep.
6 20 ILCS 2630/2.2
7 50 ILCS 710/1from Ch. 85, par. 515
8 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
9 105 ILCS 5/10-27.1A
10 105 ILCS 5/34-8.05
11 225 ILCS 447/35-35
12 405 ILCS 5/6-103.1
13 410 ILCS 45/2from Ch. 111 1/2, par. 1302
14 430 ILCS 65/Act rep.
15 520 ILCS 5/3.2from Ch. 61, par. 3.2
16 705 ILCS 105/27.3a
17 720 ILCS 5/2-7.1
18 720 ILCS 5/2-7.5
19 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
20 720 ILCS 5/17-30was 720 ILCS 5/16C-2
21 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
22 720 ILCS 5/24-1.6
23 720 ILCS 5/24-2
24 720 ILCS 5/24-3from Ch. 38, par. 24-3
25 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2

SB2279- 143 -LRB098 03802 RLC 33818 b